Sonoma City Council
October 19, 2022

City Council:

Jack Ding, Mayor
Kelso Barnett, Vice Mayor
Madolyn Agrimonti
Robert Felder
Sandra Lowe
This meeting of the City Council will be conducted in person, and telephonically through Zoom. The City Council will attend the meeting in person. The public is encouraged to attend either in person or remotely through Zoom.

The meetings will continue to be live streamed on the City’s CivicWeb Portal (sonomacity.civicweb.net) and YouTube Channel. Please see the agenda below for information on public participation.

REGULAR MEETING AGENDA

OF THE SONOMA CITY COUNCIL
City Council Chambers, 177 First Street West
Wednesday, October 19, 2022
https://us06web.zoom.us/j/83552502390
6:00PM Regular Meeting
Be Courteous - TURN OFF your cell phones and pagers while the meeting is in session.

The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the items are described.

No new items will begin after 9:00pm unless a majority of the members present vote to allow the items to be heard.

Page
6:00 P.M. – REGULAR MEETING

CONVENE, CALL TO ORDER & PLEDGE OF ALLEGIANCE
ROLL CALL (Felder, Lowe, Barnett, Agrimonti, Ding)

PUBLIC PARTICIPATION USING ZOOM
Public Comment Process for ZOOM Attendance at Meetings

REPORT ON CLOSED SESSION

APPROVAL OF AGENDA

1. COMMENTS FROM THE PUBLIC
At this time, members of the public may comment on any item not appearing on the agenda. It is recommended that you keep your comments to three minutes or less. Under State Law, unless otherwise permitted under the Ralph M. Brown Act, the merits of the matters presented under this item cannot be discussed or acted upon by the City Council at this time. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Council consideration. Upon being acknowledged by the Mayor, please step to the podium and speak into the microphone. Begin by stating and spelling your name.

2. MEETING DEDICATIONS

3. PRESENTATIONS

3.1: Proclamation Proclaiming October as Domestic Violence Awareness Month

3.2: Annual Report by the Sonoma Valley Visitors Bureau and the Sonoma Tourism Improvement District
Agenda Report - Annual Report, SV Visitors Bureau & Sonoma TID - Pdf 5 - 9

3.3: Introduction of New Employees

4. CONSENT CALENDAR – CITY COUNCIL

All items listed on the Consent Calendar are considered to be routine and will be acted upon by a single motion. There will be no separate discussion of these items unless members of the Council or staff request specific items to be removed for separate action.

4.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided)

4.2: Accept the Expenditure Report for the Month of September 2022 Accept report.

Agenda Report - Expenditures - September 2022 - Pdf
10 - 15

4.3: Resolution of the City Council Approving the Purchase of New Computer Equipment and Authorizing the City Manager to Execute a Purchase Order with CDW-G for the Purchase of said Equipment at a Cost Not to Exceed $70,000.

Agenda Report - Resolution Approving the Purchase of New Computer Equipment and Authorizing the City Manager to Execute a Purchase Order with CDW-G - Pdf
16 - 20

5. PUBLIC HEARING

5.1: Discussion, Consideration, and Possible Action to Introduce an Ordinance Amending Sonoma Municipal Code, Title 19 to amend Section 19.10 (Zones and Allowable Uses); Section 19.52.030 (Concurrent Permit Processing); and Section 19.92 (Definitions) and Finding this Action is Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) That CEQA Only Applies to Projects that have the Potential for Causing a Significant Effect on the Environment.

Agenda Report - Introduction of an Ordinance to Streamline Housing Production - Pdf
21 - 44

5.2: Discussion, Consideration, and Possible Action to Introduce an Ordinance Repealing Chapter 14.25 (Flood Damage Prevention Regulations) and Adopt a New Chapter 14.25 (Floodplain Management Regulations) of the Sonoma Municipal Code to meet the requirements of the National Flood Insurance Program and the California Building Standards Code
Agenda Report - Repealing Chapter 14.25 and Adopting a New Chapter 14.25 - Pdf
45 - 72

5.3: Discuss, Consider, and Take Possible Action to Introduce an Ordinance Amending the Sonoma Municipal Code Amending Title 19, Chapter 19.40 (General Property Development and Use Standards) to remove subjective language and establish objective standards and Finding this Action is Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) That CEQA Only Applies to Projects that have the Potential for Causing a Significant Effect on the Environment.

Agenda Report - Introduction of an Ordinance to Create Objective General Development Standards - Pdf
73 - 74

6. REGULAR CALENDAR – CITY COUNCIL
(Matters requiring discussion and/or action by the City Council)

6.1: Discussion, Consideration and Possible Action to Introduce an Ordinance Repealing Chapter 14.10 of the Sonoma Municipal Code and Reenacting a New Chapter 14.10 Adopting New Administrative Provisions and Adopting by 75 - 185

Reference Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11 and 12 of the 2022 California Building Standards Code and Amendments Thereto (Development Services Director/Building Official)
RECOMMENDATON: Discussion & direction.

Agenda Report - Repealing Chapter 14.10 and Reenacting a New Chapter

14.10 - Pdf

6.2: Consideration, Discussion, and Possible Action to:
1) Introduce an Ordinance Amending Sections 2.44.010, 2.48.020, 2.50.020,

2.56.020, 2.60.020, and 10.12.080 of the Sonoma Municipal Code Pertaining to the Composition of and Eligibility Requirements for the City's Commissions and Committees; and
2) Adopt a Resolution Amending the Council Commission and Committee Appointment Policy and the Commission Application (City Clerk) RECOMMENDATION: Introduce ordinance and adopt the Resolution.

Agenda Report - Commission/Committee Municipal Code & Policy Update - Pdf
186 - 201

6.3: Council Discussion, Consideration and Possible Action to Appoint Two Additional Councilmembers to a Police Chief Interview Panel Sub-Committee Agenda Report - Proposal for Office of Protocol for City - Pdf 202 - 203

7. COUNCILMEMBERS’ REPORTS AND COMMENTS

7.1: Committee Reports - Council Members are appointed to various boards and committees - local, county-wide and regional. Any updates from a council member will shared at this time. A list of all appointments is available on our City Website for easy reference.

8. CITY MANAGER COMMENTS AND ANNOUNCEMENTS

9. CITY ATTORNEY COMMENTS

10. COMMISSION AND COMMITTEE ROSTER
(This is to provide information only - no action will be taken)

10.1: Commission Committees Roster 09.30.22 204

11. ADJOURNMENT
I do hereby certify that a copy of the foregoing agenda was posted as legally required. Wendy Atkins, Associate Planner.
*********************************************************************************************************************************** Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are normally available for public inspection the Wednesday before each regularly scheduled meeting at City Hall, located at No. 1 The Plaza, Sonoma CA. Any documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will be made available for inspection at the City Clerk’s office, No. 1 The Plaza, Sonoma CA during regular business hours.

If you challenge the action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on the agenda, or in written correspondence delivered to the City Clerk, at or prior to the public hearing.

The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the items are described.

APPOINTMENTS TO COMMITTEES: The Council may establish and make appointments to a Council committee (made up of two Council Members) with respect to any item appearing on this agenda.

CLOSED SESSION: If action is taken during a Closed Session meeting which is required to be reported out at this meeting, the Council will return to Open Session and report out immediately. However, if the Council is unable to do so due to time constraints, it will report out at the immediately following Regular Council Meeting under "REPORT ON CLOSED SESSION".

MOTION FOR RECONSIDERATION: A Council Member voting with the majority on any item appearing on this agenda may move for reconsideration of that vote provided the motion is in conformance with the rules adopted by the Council governing such motions.

In accordance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (707) 933-2216. Notification 48-hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Oct 2022
Department
Planning and Community Services
Staff Contact
Agenda Item Title
Annual Report by the Sonoma Valley Visitors Bureau and the Sonoma Tourism Improvement District
Summary
Recommended Council Action
Alternative Actions
Financial Impact
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Annual Report, SV Visitors Bureau _ Sonoma TID
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #3.2:

Agenda Item #3.2:

Agenda Item #3.2:

Agenda Item #3.2:

Agenda Item #3.2:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Oct 2022
Department
Administration
Staff Contact
Sue Casey, Interim City Manager
Agenda Item Title
Accept the Expenditure Report for the Month of September 2022 Summary
The attached report shows disbursements for the month of September 2022.

Recommended Council Action
Accept report.

Alternative Actions
Council discretion.

Financial Impact
Monthly Payables Report, September 2022
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Monthly Payables Report September 2022
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #4.2:

Check No. Vendor/Employee Transaction Description Date Amount 99459 AG Security Services, Inc. Acct#AG31861 09/29/2022 204.90 99459 AG Security Services, Inc. Acct#AG31861 09/29/2022 663.12 99335 AG Security Services, Inc. Acct#AG31861 09/14/2022 34.49 99459 AG Security Services, Inc. Acct#AG31861 09/29/2022 1,051.07 99459 AG Security Services, Inc. Acct#AG31861 09/29/2022 414.72 Vendor Total 2,368.30
99394 American Water Works Association Water Training Handbook 09/14/2022 151.50 99352 Andrew Hening Homelessness Strategic Planning 09/14/2022 4,506.25 99408 AT&T ATT_745_August 2022 09/22/2022 825.03
99408 AT&T ATT_745_August 2022 09/22/2022 1,073.14
Vendor Total 1,898.17
99409 Authors on the Plaza Event Refund 09/22/2022 300.00 99336 Bay Area Barricade Service 5TH/ENAPA TRAFFIC CALMING SUPPLIES 09/14/2022 931.32 99410 Bolt Maintenance Acct#103852 09/22/2022 8,054.99
99410 Bolt Maintenance Acct#103852 09/22/2022 2,876.79
99410 Bolt Maintenance Acct#103852 09/22/2022 575.35
Vendor Total 11,507.13
99337 Boys and Girls Clubs of Sonoma Valley FY22-23, City Sponsorship/Service Contract 09/14/2022 4,583.33 99395 Bubbling Well Pet Memorial Park Large Rate Bag Dog 09/14/2022 32.00 99453 Bubbling Well Pet Memorial Park Reissue check#98884 09/22/2022 160.00 Vendor Total 192.00
99338 California Building Officials Ed Week North Virtual registration 09/14/2022 1,170.00 99339 California Intergovernmental Risk Authority CIRA Liab Deduct QTR 6-30-22 09/14/2022 2.35 99339 California Intergovernmental Risk Authority CIRA Liab Deduct QTR 6-30-22 09/14/2022 17.78 99339 California Intergovernmental Risk Authority CIRA Liab Deduct QTR 6-30-22 09/14/2022 48.39 99339 California Intergovernmental Risk Authority CIRA Liab Deduct QTR 6-30-22 09/14/2022 39.27 99339 California Intergovernmental Risk Authority CIRA Liab Deduct QTR 6-30-22 09/14/2022 6.88 99339 California Intergovernmental Risk Authority CIRA Liab Deduct QTR 6-30-22 09/14/2022 17.19 99339 California Intergovernmental Risk Authority CIRA Liab Deduct QTR 6-30-22 09/14/2022 36.07 99339 California Intergovernmental Risk Authority CIRA Liab Deduct QTR 6-30-22 09/14/2022 45.00 99339 California Intergovernmental Risk Authority CIRA Liab Deduct QTR 6-30-22 09/14/2022 40.04 99339 California Intergovernmental Risk Authority CIRA Liab Deduct QTR 6-30-22 09/14/2022 33.61 99339 California Intergovernmental Risk Authority CIRA Liab Deduct QTR 6-30-22 09/14/2022 5.37 99339 California Intergovernmental Risk Authority CIRA Liab Deduct QTR 6-30-22 09/14/2022 14.66 99339 California Intergovernmental Risk Authority CIRA Liab Deduct QTR 6-30-22 09/14/2022 60.59 Vendor Total 367.20
99407 California Natural Resources Agency Chase St Bridge EPIMS 33270 09/15/2022 5,748.75 99340 Caltest Laboratories Inc LAB WORK 09/14/2022 1,380.00 99428 Cathryn Martindale Mileage 09/22/2022 60.00
99460 Cellhire USA LLC Account # 668776 09/29/2022 50.00 99413 Church's Tree Service Remove and Replace Banners 09/22/2022 1,200.00 99413 Church's Tree Service Remove and Replace Banners 09/22/2022 300.00 Vendor Total 1,500.00
99414 City National Bank Refunding of 2001 Water Rev Bonds 09/22/2022 104,110.00 99415 Civic Park Sonoma Highway, LLC Customer paid Inv#6222 2x refunded 09/22/2022 6,861.28 99454 Civicplus, LLC Acct#1046292 Maintenance 09/22/2022 5,267.50 99461 Coastland Civil Engineering BUILDING DEPARTMENT SERVICES 09/29/2022 19,915.00 99342 Colantuono, Highsmith & Whatley PC Legal Services July 2022 09/14/2022 3,555.24 99482 Colantuono, Highsmith & Whatley PC MUNICIPAL FINANCE 09/29/2022 1,085.00 99342 Colantuono, Highsmith & Whatley PC Legal Services July 2022 09/14/2022 345.10 99342 Colantuono, Highsmith & Whatley PC Legal Services July 2022 09/14/2022 5,176.50 99342 Colantuono, Highsmith & Whatley PC Legal Services July 2022 09/14/2022 438.48

CITY OF SONOMA

MONTHLY PAYABLES REPORT
September 2022
Agenda Item #4.2:

CITY OF SONOMA

MONTHLY PAYABLES REPORT
September 2022
Check No. Vendor/Employee Transaction Description Date Amount Vendor Total 10,600.32
99416 Comcast Acct#8155300400076402 09/22/2022 180.32
99343 Comcast Act# 980465638 09/14/2022 799.98
Vendor Total 980.30
99417 Corelogic Solutions, Llc Assesor Parcel subscription Aug 2022 09/22/2022 165.00 99418 County of Sonoma Information Systems Customer#ISDX1003800 Aug 2022 09/22/2022 604.63 99462 County of Sonoma, General Services Fleet Charges August 2022 09/29/2022 18,637.46 99462 County of Sonoma, General Services Fleet Charges August 2022 09/29/2022 405.49 Vendor Total 19,042.95
99463 Data Ticket, Inc. July 2022 09/29/2022 100.00
99396 Department of Health Care Services Refund Medi-Cal over payment 09/14/2022 93.70 99419 Department of Justice Customer#140306 July 2022 09/22/2022 860.00 99344 Department of Transportation LIGHTS/SIGNALS APR-JUNE2022 09/14/2022 3,703.47 99420 Dewitt's Tire Recycle and Auto Repair F-150 Tires 09/22/2022 890.42 99345 Dewitt's Tire Recycle and Auto Repair CEMETERY 4X6 GATOR 09/14/2022 146.18 Vendor Total 1,036.60
99430 Dona Payne Turf Rebate 450 Greve Ln 09/22/2022 144.00 99346 Employee Relations, Inc. Professional Services 09/14/2022 49.07 99346 Employee Relations, Inc. Professional Services 09/14/2022 22.30 99346 Employee Relations, Inc. Professional Services 09/14/2022 226.94 Vendor Total 298.31
99412 Erica Chretien Event Refund R Jackson Celebration of Life 09/22/2022 100.00 99347 FedEx Acct# 1410-4703-5 Shipping 09/14/2022 26.40 99348 Fishman Supply Co Supplies 09/14/2022 334.26
99423 Friedman's Home Improvement - PW Supplies 09/22/2022 19.77 99424 Friedman's Home Improvement - PW Supplies 09/22/2022 71.39 99422 Friedman's Home Improvement - PW Supplies 09/22/2022 60.89 99424 Friedman's Home Improvement - PW Supplies 09/22/2022 143.35 99422 Friedman's Home Improvement - PW Supplies 09/22/2022 72.60 99423 Friedman's Home Improvement - PW Supplies 09/22/2022 288.65 99424 Friedman's Home Improvement - PW Supplies 09/22/2022 33.64 99464 Friedman's Home Improvement - PW Supplies 09/29/2022 354.55 99422 Friedman's Home Improvement - PW Supplies 09/22/2022 33.46 99424 Friedman's Home Improvement - PW Supplies 09/22/2022 228.01 99464 Friedman's Home Improvement - PW Supplies 09/29/2022 69.20 99423 Friedman's Home Improvement - PW Supplies 09/22/2022 84.79 99424 Friedman's Home Improvement - PW Supplies 09/22/2022 23.42 99422 Friedman's Home Improvement - PW Supplies 09/22/2022 351.12 99423 Friedman's Home Improvement - PW Supplies 09/22/2022 580.88 99464 Friedman's Home Improvement - PW Supplies 09/29/2022 260.92 Vendor Total 2,676.64
99349 Frye's Printing Inc Business Cards 09/14/2022 802.39 99397 Frye's Printing Inc 10 Cash Receipt Books 09/14/2022 572.24 Vendor Total 1,374.63
99350 GHD SONOMA INTERIM CITY ENGINEER SVCS 09/14/2022 4,347.40 99350 GHD Fryer Creek Bridge 09/14/2022 2,152.10
99350 GHD SONOMA 2022 CITYWIDE SLURRY SEAL 09/14/2022 291.88 99350 GHD PW City of Sonoma - Depot Park 09/14/2022 24,206.53 99483 GHD Project#12572236 Well No1 09/29/2022 17,528.14 Vendor Total 48,526.05
99455 Gladwell Governmental Services Records Retention FY21-22 09/22/2022 500.00 99351 Grainger Supplies 09/14/2022 21.04
99425 HdL Software LLC Payment Services Period ending7.31.22 09/22/2022 294.43 99353 Hinderliter, de Llamas & Associates Contract Services - Transaction Tax (July-September 2022) 09/14/2022 300.00 99398 Infosend Inc. Data Processing/QC/Mail Prep Service 09/14/2022 2,824.28 99426 Infosend Inc. Acct#SON-000 Maintenance Fee Aug 2022 09/22/2022 3,317.40 99456 Infosend Inc. Data Processing/QC/Mail Prep December 2021 09/22/2022 3,956.36 Vendor Total 10,098.04
99465 J.P. Cooke Co Supplies 09/29/2022 63.28

Agenda Item #4.2:

CITY OF SONOMA

MONTHLY PAYABLES REPORT
September 2022
Check No. Vendor/Employee Transaction Description Date Amount 99393 Jerry Ruth Wheeler Contract Payment 09/14/2022 3,100.00 99447 kathleen Streeter Turf Rebate 935 Arguello Ct 09/22/2022 790.00 99356 KLH Consulting Inc Acct#625 DataWatch Services 09/14/2022 12,290.29 99466 KLH Consulting Inc Billable Services Acct# 625 09/29/2022 2,835.01 Vendor Total 15,125.30
99357 Kone Inc Aug 2022 Maintenance Carnegie hall 09/14/2022 308.66 99399 La Luz Center Cinco De Mayo Event 09/14/2022 3,528.00 99467 Ledson and Ledson Development 630 Daniel Young Drive 09/29/2022 3,982.50 99354 Lisa Janson plates treasure artist event 09/14/2022 84.60 99421 Loretta Estebez Turf Rebate 860 O'Farrell Dr 09/22/2022 695.00 99358 MacArthur Place Event refund 7/26/22 09/14/2022 50.00 99469 Mario Parnell 4 Framed Photographs Council 09/29/2022 311.00 99363 Mary Nicola Event Refund 09/14/2022 300.00
99359 Moe Engineering, Inc. Construction Management & Inspection services 09/14/2022 4,003.50 99429 Mr. Clean Green Waste and Recycle collection 09/22/2022 8,350.00 99457 Mr. Clean Green Waste & Recycle Collection 09/22/2022 3,250.00 Vendor Total 11,600.00
99360 Municipal Resource Group, LLC Facilitation Planning Session 09/14/2022 1,125.00 99361 Napa County Office of Education CP All Staff Gathering 09/14/2022 100.00 99362 New Art Exhibit Event Refund 09/14/2022 400.00
99364 Office Depot - City Acct#32002229 Office Supplies 09/14/2022 569.14 99468 Office Depot - City Supplies Acct#32002229 09/29/2022 239.41 Vendor Total 808.55
99365 O'Reilly Auto Parts Acct#1101485 Supplies 09/14/2022 73.21 99366 Pacific Telemanagement Services Payphone 09/14/2022 106.00 99367 Pool Mart Chemical Supplies 09/14/2022 533.60
99470 PR Diamond Products Customer # A009HYX 09/29/2022 419.00 99431 Quadient Finance USA, Inc. Acct#7900040066778204 Postage 09/22/2022 1,000.00 99432 Ready Refresh Water 09/22/2022 43.41
99432 Ready Refresh Supplies 09/22/2022 54.97
Vendor Total 98.38
99400 REMIF Remif Jan2022-June2022 09/14/2022 33.46
99433 REMIF Employee Assistance Program Oct 2022 09/22/2022 5.68 99400 REMIF Remif Jan2022-June2022 09/14/2022 253.41
99433 REMIF Employee Assistance Program Oct 2022 09/22/2022 6.11 99400 REMIF Remif Jan2022-June2022 09/14/2022 689.55
99433 REMIF Employee Assistance Program Oct 2022 09/22/2022 5.11 99400 REMIF Remif Jan2022-June2022 09/14/2022 559.84
99433 REMIF Employee Assistance Program Oct 2022 09/22/2022 11.08 99400 REMIF Remif Jan2022-June2022 09/14/2022 97.98
99433 REMIF Employee Assistance Program Oct 2022 09/22/2022 1.70 99400 REMIF Remif Jan2022-June2022 09/14/2022 244.90
99433 REMIF Employee Assistance Program Oct 2022 09/22/2022 17.61 99400 REMIF Remif Jan2022-June2022 09/14/2022 513.94
99433 REMIF Employee Assistance Program Oct 2022 09/22/2022 12.78 99400 REMIF Remif Jan2022-June2022 09/14/2022 641.17
99433 REMIF Employee Assistance Program Oct 2022 09/22/2022 4.12 99400 REMIF Remif Jan2022-June2022 09/14/2022 570.55
99433 REMIF Employee Assistance Program Oct 2022 09/22/2022 10.79 99400 REMIF Remif Jan2022-June2022 09/14/2022 478.93
99433 REMIF Employee Assistance Program Oct 2022 09/22/2022 7.24 99400 REMIF Remif Jan2022-June2022 09/14/2022 76.49
99433 REMIF Employee Assistance Program Oct 2022 09/22/2022 0.85 99433 REMIF Employee Assistance Program Oct 2022 09/22/2022 1.42 99400 REMIF Remif Jan2022-June2022 09/14/2022 208.89
99433 REMIF Employee Assistance Program Oct 2022 09/22/2022 4.40 99400 REMIF Remif Jan2022-June2022 09/14/2022 863.39
99433 REMIF Employee Assistance Program Oct 2022 09/22/2022 19.03

Agenda Item #4.2:

CITY OF SONOMA

MONTHLY PAYABLES REPORT
September 2022
Check No. Vendor/Employee Transaction Description Date Amount Vendor Total 5,340.42
99434 Ricoh Usa, Inc Acct#1472971-1024548US4 09/22/2022 233.12 99434 Ricoh Usa, Inc Acct#1472971-1024548US3 09/22/2022 272.57 99369 Ricoh Usa, Inc Acct#1472971-1024548US2 09/14/2022 212.43 99370 Ricoh USA, inc Contract #: 4895220 August 2022 09/14/2022 124.29 99434 Ricoh Usa, Inc Acct#1472971-1024548US4 09/22/2022 1,398.71 99472 Ricoh Usa, Inc 1472971-1024548US2 09/29/2022 212.43 99473 Ricoh USA, inc Customer# 17103413 09/29/2022 125.68 99434 Ricoh Usa, Inc Acct#1472971-1024548US4 09/22/2022 699.36 Vendor Total 3,278.59
99371 RingCentral Inc Customer #187926032 Communications 09/14/2022 1,810.25 99401 Rubberform Recycled Products, LLC Parklet Supplies-Reissue 09/14/2022 1,503.04 99411 Ruben Cermeno CA 12hr CE package course 09/22/2022 100.00 99427 Sandra Lowe League of California Cities Conference 09/22/2022 1,575.65 99372 Sebastiani Building Investors Monthly lease payment 09/14/2022 5,990.00 99435 Shred-It USA Shredding service Cus#1000453516 09/22/2022 76.30 99475 Shred-It USA Customer #8002081741 09/29/2022 71.56 Vendor Total 147.86
99373 Sonoma Auto Parts 2005 Ford F250 parts 09/14/2022 67.95 99476 Sonoma Auto Parts Parts & Supplies 09/29/2022 34.86 99373 Sonoma Auto Parts Truck B1 parts Credit 09/14/2022 313.81 Vendor Total 416.62
99374 Sonoma Community Center FY22-23, City Sponsorship/Service Contract 09/14/2022 3,333.33 99436 Sonoma County ACTTC FY22-23 LAFCO 09/22/2022 9,099.00 99437 Sonoma County Department of Emergency ManEmergency Services Contract FY22-23 09/22/2022 2,000.00 99438 Sonoma County Public Safety Consortium Q1 Allocations FY 22-23 09/22/2022 48,708.20 99439 Sonoma County Sheriff's Office Law Enforcement Contract Aug 2022 09/22/2022 565,314.55 99440 Sonoma County Water Agency Monthly Water Purchases 7/28-8/31/22 09/22/2022 195,343.93 99484 Sonoma County Water Agency June 2022 09/29/2022 218,996.30 Vendor Total 414,340.23
99375 Sonoma Ecology Center FY22-23, City Sponsorship/Service Contract 09/14/2022 2,083.33 99376 Sonoma Embroidery Embroidery/uniforms 09/14/2022 174.00 99441 Sonoma Jazz Society Event Refund Market Jazz 09/22/2022 800.00 99377 Sonoma Marshaling Service Inc Security City Party 09/14/2022 990.00 99378 Sonoma Media Investments Advertising 09/14/2022 925.66 99378 Sonoma Media Investments Recuitment 09/14/2022 258.00 99378 Sonoma Media Investments Advertising 09/14/2022 672.00 99378 Sonoma Media Investments Advertising 09/14/2022 1,547.76 99378 Sonoma Media Investments Advertising 09/14/2022 594.60 Vendor Total 3,998.02
99379 Sonoma Paint Center Inc Repair 09/14/2022 970.20
99442 Sonoma Paint Center Inc Supplies 09/22/2022 271.51 99458 Sonoma Paint Center Inc Supplies 09/22/2022 29.40 Vendor Total 1,271.11
99443 Sonoma Tourism Improvement Dist. TID Receipts Rec'd in August 2022 09/22/2022 106,698.44 99380 Sonoma Valley Chamber of Commerce Business & Economic Vitality Svcs, FY22-23 09/14/2022 10,416.66 99381 Sonoma Valley Fire & Rescue Authority 2022/2023 Fire District Contract 09/14/2022 495,224.00 99402 Sonoma Valley Fire & Rescue Authority Reimburse Q4 2021 Safer Grant 09/14/2022 22,519.23 99444 Sonoma Valley Fire & Rescue Authority 2022/2023 Fire District Contract 09/22/2022 495,224.00 Vendor Total 1,012,967.23
99382 Sonoma Valley Visitors Bureau FY22-23, Monthly Payment Per Contract 09/14/2022 8,333.33 99445 Springbrook Software LLC Springbrook Subscription 11/2022-11/2023 09/22/2022 23,502.11 99446 Staples Advantage PD Supplies 09/22/2022 46.30
99477 State Department of Food and Agriculture CDFA Qtr Fees 90303/85700CS065 09/29/2022 180.00

Agenda Item #4.2:

CITY OF SONOMA

MONTHLY PAYABLES REPORT
September 2022
Check No. Vendor/Employee Transaction Description Date Amount 99478 Statewide Traffic Safety & Signs Inc. Acct#S1327501 Parts & Supplies 09/29/2022 578.58 99341 Tara Carbajal half Yard Productions 09/14/2022 300.00 99368 Tara Rehak Haven Well Within Fall Photo Shoot 09/14/2022 300.00 99383 The Backflow Guy, Inc. Test and Certify Backflow Prevention Assemblies 09/14/2022 2,252.80 99383 The Backflow Guy, Inc. Test and Certify Backflow Prevention Assemblies 09/14/2022 1,628.60 99383 The Backflow Guy, Inc. Test and Certify Backflow Prevention Assemblies 09/14/2022 1,468.80 99383 The Backflow Guy, Inc. Test and Certify Backflow Prevention Assemblies 09/14/2022 85.00 99383 The Backflow Guy, Inc. Test and Certify Backflow Prevention Assemblies 09/14/2022 244.80 Vendor Total 5,680.00
99479 The Rental Place Propane 09/29/2022 40.26
99392 Tobias Weinberger City Party 09/14/2022 750.00
99384 Tritech Software Systems Contract# Q-100889 Subscription 09/14/2022 6,309.12 99385 U.S. Bank Corp Pmt System Conference-Ding 09/14/2022 132.88 99385 U.S. Bank Corp Pmt System Binders-Barr 09/14/2022 89.50 99385 U.S. Bank Corp Pmt System Notary-Barr 09/14/2022 50.00 99385 U.S. Bank Corp Pmt System Training-Finance 09/14/2022 900.00 99385 U.S. Bank Corp Pmt System Car Battery 2012 Chevy 09/14/2022 440.93 99385 U.S. Bank Corp Pmt System Acct# 4246044555712748 09/14/2022 10.98 99385 U.S. Bank Corp Pmt System Hats-Plume 09/14/2022 883.44 99385 U.S. Bank Corp Pmt System Park, basketball nets 09/14/2022 1,003.21 99385 U.S. Bank Corp Pmt System Supplies-Planning 09/14/2022 664.20 99385 U.S. Bank Corp Pmt System Rentals for city party 09/14/2022 619.12 99385 U.S. Bank Corp Pmt System Training Burroughs 09/14/2022 278.08 99385 U.S. Bank Corp Pmt System Zoom-Barr 09/14/2022 3,964.53 Vendor Total 9,036.87
99386 Uline Gate controls 09/14/2022 116.73
99386 Uline Cus# 17391124 Supplies 09/14/2022 1,476.92
99481 Uline Customer #17391124 09/29/2022 803.52
99386 Uline Cus# 17391124 Supplies 09/14/2022 97.00
99449 Uline Customer#21585270 09/22/2022 2,309.79
99386 Uline Cus# 17391124 Supplies 09/14/2022 97.00
Vendor Total 4,900.96
99387 Underground Service Alert California State Fee for Regulatory Costs Cus#130174 09/14/2022 439.94 99388 Universal Building Services Janitorial Services July 2022 09/14/2022 945.00 99388 Universal Building Services Janitorial Services July 2022 09/14/2022 149.00 99388 Universal Building Services Janitorial Services July 2022 09/14/2022 149.00 99388 Universal Building Services Janitorial Services July 2022 09/14/2022 2,298.00 99388 Universal Building Services Janitorial Services July 2022 09/14/2022 149.00 Vendor Total 3,690.00
99389 US Bank Voyager Fleet Sys Gas 09/14/2022 752.22
99450 Verizon Wireless Account#2711501123-00001 Aug 2022 09/22/2022 121.74 99450 Verizon Wireless Account#2711501123-00001 Aug 2022 09/22/2022 40.58 99450 Verizon Wireless Account#2711501123-00001 Aug 2022 09/22/2022 366.54 99450 Verizon Wireless Account#2711501123-00001 Aug 2022 09/22/2022 182.69 99450 Verizon Wireless Account#2711501123-00001 Aug 2022 09/22/2022 123.99 99450 Verizon Wireless Account#2711501123-00001 Aug 2022 09/22/2022 59.61 99450 Verizon Wireless Account#2711501123-00001 Aug 2022 09/22/2022 336.89 99450 Verizon Wireless Account#2711501123-00001 Aug 2022 09/22/2022 32.51 99450 Verizon Wireless Account#2711501123-00001 Aug 2022 09/22/2022 1,579.77 Vendor Total 2,844.32
99390 Vintage House FY22-23, City Sponsorship/Service Contract 09/14/2022 3,333.33 99391 Waste Management August 2022 Service 09/14/2022 86.80 99451 Water Components & Building Supply Inc. Supplies 09/22/2022 233.28 99452 waterTALENT, LLC Temporary Staffing WE 08/21/22 09/22/2022 19,425.88 99403 Wilson's Locksmith Locksmith Services 09/14/2022 269.14 Vendor Total 2,616,743.05 $
Employee Payroll and Benefits: 433,692.44 $
Grand Total: 3,050,435.49 $

Agenda Item #4.2:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Oct 2022
Department
Development Services
Staff Contact
Wayne Wirick, Development Services
Director/Building Official
Agenda Item Title
Resolution of the City Council Approving the Purchase of New Computer Equipment and Authorizing the City Manager to Execute a Purchase Order with CDW-G for the Purchase of said Equipment at a Cost Not to Exceed $70,000.

Summary
The City has a Management Information Services (MIS) internal service fund where funding for the future replacement of computer equipment and software are set-aside each year. The MIS program provides the funding to facilitate the replacement of existing computers used by City staff on a regular end of useful life cycle of approximately every 5 years.

A total of 25 computer workstations (stationary desktop and notebooks) are now due to be replaced and staff is recommending that the computers be replaced with new notebook computers and docking stations that are portable and can easily be used in various locations to help facilitate disaster preparedness and response capabilities.

The City’s procurement policy encourages the utilization of state cooperative purchasing contracts and piggyback purchasing to the maximum extent possible and City staff has received a quote from CDW-G for the needed computers and docking stations (enclosed as Attachment 1) that piggybacks on an existing California cooperatibve government purchasing contract.

Recommended Council Action
Approve the resolution (attached as Attachment B) authorizing the purchase of 25 new notebook computers, piggybacking on a government purchasing contract provided by CDWG, at a cost not to exceed $70,000 and authorize the City Manager to execute a purchase order for said equipment.

Alternative Actions
Council discretion
Financial Impact
The costs to purchase and provision the replacement computers have been budgeted in the 2022/23 City budget and funding is currently available within the City’s MIS fund. The CDWG quote for 25 new notebook computers and docking stations indicates a total cost of $65,871.15. To cover possible contingencies and/or price increases, staff requests that the City Manager be authorized to execute a purchase order not to exceed $70,000 for the proposed equipment.

Agenda Item #4.3:

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Attachment A - CDW-G Quote
Attachment B - Resolution Authorizing Purchase of Computers Alignment with Council Goals:

Not Applicable
Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #4.3:

Hardware Software Services IT Solutions Brands Research Hub Review and Complete Purchase
Thank you for choosing CDW. We have received your quote.

WAYNE WIRICK,
Thank you for considering CDW•G for your technology needs. The details of your quote are below. If you are an eProcurement or single sign on customer, please log into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing.

For all other customers, click below to convert your quote to an order.

Convert Quote to Order
QUOTE # QUOTE DATE QUOTE REFERENCE CUSTOMER # GRAND TOTAL MZZC980 10/5/2022 MZZC980 6576310 $65,871.15

IMPORTANT - PLEASE READ
Fees applied to item(s): 7015768

QUOTE DETAILS
ITEM QTY CDW# UNIT PRICE EXT. PRICE
HP EliteBook 840 G9 Notebook - Wolf Pro Security - 14" - Core i7 1255U - Ev
25 7015768 $2,127.51 $53,187.75
Mfg. Part#: 6C178UT#ABA
Contract: California HP Inc NVP Computer Equipmt HP c/o CDW (MNNVP-133 7-15-70-34-001)
HP Thunderbolt Dock G2 - docking station - VGA, DP, 2 x DP - 10Mb LAN
25 5106089 $286.11 $7,152.75
Mfg. Part#: 2UK37UT#ABA
UNSPSC: 43211602
Contract: California HP Inc NVP Computer Equipmt HP c/o CDW (MNNVP-133 7-15-70-34-001)

RECYCLING FEE DETAILS
ITEM QTY CDW# UNIT PRICE EXT. PRICE
RECYCLING FEE 4" TO LESS THAN 15"
Fee Applied to Item: 7015768
25 654809 $4.00 $100.00
SUBTOTAL $60,340.50
SHIPPING $0.00
RECYCLING FEE $100.00
SALES TAX $5,430.65
GRAND TOTAL $65,871.15

PURCHASER BILLING INFO DELIVER TO
Attachment A Agenda Item #4.3:

Billing Address:

CITY OF SONOMA
1 THE PLZ

DEVELOPMENT SRVS ADMINISTRATOR
SONOMA, CA 95476-6690
Phone: (707) 938-3681
Payment Terms: Net 30 Days-Govt State/Local
Shipping Address:

CITY OF SONOMA

WAYNE WIRICK
1 THE PLZ

DEVELOPMENT SRVS ADMINISTRATOR
SONOMA, CA 95476-6690
Phone: (707) 938-3681
Shipping Method: UPS Ground (2-3 days)
Please remit payments to:

CDW Government
75 Remittance Drive
Suite 1515
Chicago, IL 60675-1515
Sales Contact Info
Rashaad Boyd | (866) 461-9713 | [email protected]

LEASE OPTIONS

FMV TOTAL FMV LEASE OPTION BO TOTAL BO LEASE OPTION
$60,440.50 $1,620.41/Month $60,440.50 $1,871.84/Month
Monthly payment based on 36 month lease. Other terms and options are available. Contact your Account Manager for details. Payment quoted is subject to change.

Why finance?
• Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. • Flexible Payment Terms. 100% financing with no money down, payment deferrals and payment schedules that match your company's business cycles.
• Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. • Technology Refresh. Keep current technology with minimal financial impact or risk. Add-on or upgrade during the lease term and choose to return or purchase the equipment at end of lease.
• Bundle Costs. You can combine hardware, software, and services into a single transaction and pay for your software licenses over time! We know your challenges and understand the need for flexibility.

General Terms and Conditions:

This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry data from numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners.

Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration.

Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term.

Need Help?
My Account Support Call 800.800.4239
About Us | Privacy Policy | Terms and Conditions
This order is subject to CDW's Terms and Conditions of Sales and Service Projects at http://www.cdwg.com/content/terms-conditions/product-sales.aspx For more information, contact a CDW account manager
Agenda Item #4.3:

City of Sonoma
RESOLUTION # ______- 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA APPROVING THE

PURCHASE OF NEW COMPUTER EQUIPMENT AND AUTHORIZING THE CITY MANAGER

TO EXECUTE A PURCHASE ORDER WITH CDW-G FOR THE PURCHASE OF SAID EQUIPMENT AT A COST NOT TO EXCEED $65,000
WHEREAS, the City Council annually sets aside funds in the City’s Management Information Services (MIS) internal services fund to facilitate the replacement of existing computers used by City staff on a regular end of useful life-cycle of approximately every 5 years; and WHEREAS, 25 of the City’s desktop and notebook computers are approximately 5 years old and nearing their end of useful life; and
WHEREAS, the costs to purchase and provision the replacement computers have been budgeted in the 2022/23 City budget and funding is currently available within the City’s MIS fund; and
WHEREAS, the City’s procurement policy encourages the utilization of state cooperative purchasing contracts and piggy-back purchasing to the maximum extent possible; and WHEREAS, the City will improve disaster preparedness and response capabilities by replacing existing stationary desktop computers with new portable notebook computers for City staff.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonoma approves the purchase of 25 new notebook computers, piggybacking on a government purchasing contract provided by CDW-G, at a cost not to exceed $70,000 and authorizes the City Manager to execute a purchase order for said equipment.

PASSED AND ADOPTED this 19th day of October 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Jack Ding, Mayor
ATTEST:
________________________________
Rebekah Barr, City Clerk
Attachment B
Agenda Item #4.3:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Oct 2022
Department
Planning and Community Services
Staff Contact
David A. Storer, AICP, Director, Kristina Tierney,
Associate Planner
Agenda Item Title
Discussion, Consideration, and Possible Action to Introduce of an Ordinance Amending Sonoma Municipal Code, Title 19 to amend Section 19.10 (Zones and Allowable Uses); Section 19.52.030 (Concurrent Permit Processing); and Section 19.92 (Definitions) and Finding this Action is Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) That CEQA Only Applies to Projects that have the Potential for Causing a Significant Effect on the Environment.

Summary
In recent years, the State has enacted a number of new laws to increase housing supply and affordability and reduce obstacles to housing production. Pursuant to State law (SB 35, SB 167, SB 330, AB 678, AB 1515) multi-family projects are to be approved ministerially, provided they meet objective development standards.

The proposed amendment to Chapter 19.10 (Zones and Allowable Uses) would facilitate the permitting of duplexes in the Low Density Residential (RL) zoning district, and multi-family housing in the Medium Density Residential (RM) and High Density Residential (RH) zoning districts. Amendments to Section 19.52.030 (Concurrent Review) would clarify the review process for concurrent applications to streamline permit processing, and amendments to Chapter 19.92 (Definitions) would clarify applicable development standards for residential development projects.

This proposed Ordinance was reviewed by the Planning Commission on August 18, 2022.

The Planning Commission unanimously recommended approval of the proposed Ordinance and requested clarifying language that would allow existing single-family residences and duplexes to continue as an allowed use, (as opposed to making them a legal non-conforming use), in the RM zoning district and existing single-family residences to continue in the Mixed Use (MX) zoning district. The proposed Ordinance is currently before City Council for discussion, consideration and potential introduction of the Ordinance. Adoption could take place on November 2, 2022 and would take effect 30 days later, on December 2, 2022.

Recommended Council Action
Discussion, Consideration, and Possible Action to Introduce of an Ordinance Amending Sonoma Municipal Code, Title 19 to amend Section 19.10 (Zones and Allowable Uses) and Section 19.92 (Definitions) and Finding this Action is Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) That CEQA Only Applies to Projects that have the Potential for Causing a Significant Effect on the Environment.

Alternative Actions
Agenda Item #5.1:

Financial Impact
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Proposed Ordinance to Amend 19.10 Zones and Allowable Uses September City Council Introduction 10 5 22
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #5.1:

288983.v2
288983.v4
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA

AMENDING THE CITY OF SONOMA MUNICIPAL CODE INCLUDING CHAPTER

19.10 (ZONES AND ALLOWABLE USES); SECTION 19.52.030 (CONCURRENT PERMIT PROCESSING); AND CHAPTER 19.92 (DEFINITIONS) TO FACILITATE PERMITTING OF DUPLEXES AND MULTIFAMILY RESIDENTIAL DWELLINGS; STREAMLINE PERMIT PROCESSING FOR CONCURRENT APPLICATIONS;

CLARIFY DEVELOPMENT STANDARDS FOR RESIDENTIAL DEVELOPMENT PROJECTS; AND FIND SUCH AMENDMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL ACT (CEQA) PURSUANT TO SECTION 15061(B)(3) - GENERAL RULE - OF THE CEQA GUIDELINES.

WHEREAS, the California Legislature has declared that there is a severe shortage of affordable housing and has changed laws to expedite the local residential development process; and WHEREAS, California Governor Gavin Newsom signed several housing bills into law (SB 9, SB 13, SB 330, AB 68, AB 881, AB 587 and AB 670) in fall of 2019 that amend California Government Code requiring the City to modify local regulations to further facilitate development of housing; and WHEREAS, the City desires to amend its local regulatory scheme to facilitate the construction of housing to comply with State law; and
WHEREAS, the Sonoma City Council and Planning Commission have independently discussed the need for updates to the Development Code (also known as the “Zoning Code”) for greater clarity, consistency and ease of use and understanding; and
WHEREAS, on August 18, 2022, the Planning Commission discussed amendments including amendments to Chapter 19.10 (Zones and Allowable Uses), Section 19.52.030 (Concurrent Permit Processing), and Chapter 19.92 (Definitions), and unanimously recommended that the City Council introduce an ordinance; and
WHEREAS, the City Council found this ordinance to be exempt from the California Environmental Act (CEQA) pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines prior to taking action; and
WHEREAS, on October 19, 2022, the City Council held a public hearing and considered amendments to the Sonoma Municipal Code, consistent with the applicable policies of the Sonoma General Plan; and
WHEREAS, the proposed amendments to the Sonoma Municipal Code are consistent with State Law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES ORDAIN AS FOLLOWS:

SECTION 1. Amendments to the Sonoma Municipal Code
Agenda Item #5.1:

288983.v2
288983.v4
A. Section 19.10.020 of the Sonoma Municipal Code (Zoning districts established) is amended as follows:

19.10.020 Zoning districts established.

The city of Sonoma shall be divided into the zoning districts described in this section, to implement the City of Sonoma General Plan land use designations. The following zoning districts are hereby established, and are shown on the official zoning map (see SMC 19.10.040). The uses of land allowed within each zoning district and the planning permit requirements applicable to the allowable uses are determined by SMC 19.10.050, Allowable land uses and permit requirements.

Table 2-0 Zoning Districts Established
Zoning District Allowable Density
Residential
Districts
RHSResidential – Hillside 1DU/10 acres maximum
R-R Residential – Rural 2 DU/acre maximum
R-L Residential – Low Density 2 DU/acre minimum - 5
DU/acre maximum
R-S Residential – Sonoma 3 DU/acre minimum - 8
DU/acre maximum
R-M Residential – Medium Density 7 DU/acre minimum - 11 DU/acre maximum
R-H Residential – High Density 11 DU/acre minimum -15
DU/acre maximum
R-O Residential – Housing Opportunity 15 DU/acre minimum - 25 DU/acre maximum
R-P Residential – Mobile Home Park 7 DU/acre maximum
Mixed Use MX Mixed Use 20 DU/acre maximum
Commercial
Districts
C Commercial 20 DU/acre maximum
C-G Commercial-Gateway 20 DU/acre maximum
Special Purpose
A Agriculture 1DU/10 acres maximum
Pk Park NA
P Public Facilities NA
W Wine Production NA
Agenda Item #5.1:

288983.v2
288983.v4
Overlay
/C Creek NA
/H Historic NA
/O Open Space NA
/P Plaza Retail NA
A. Residential Zoning Districts.

1. R-HS (Residential – Hillside) District. The R-HS zoning district is applied to hillside areas of the city that are suitable for very-low density single-family residential and agricultural land uses. The maximum allowable density is one dwelling unit per 10 acres. The R-HS zoning district is consistent with the Hillside land use designation of the General Plan.

2. R-R (Residential – Rural) District. The R-R zoning district is applied to areas where the city intends to preserve low density, single-family neighborhoods with rural character. The maximum allowable density is two dwelling units per acre. The R-R zoning district is consistent with the Rural
Residential land use designation of the General Plan.

3. R-L (Residential – Low Density) District. The R-L zoning district is applied to areas primarily suitable for detached single-family dwellings and duplexes. Clustered housing and other types of residential development may be allowed with a planned development permit (SMC 19.54.070). The minimum density for new residential construction is two dwelling units per acre and the maximum density is five dwelling units per acre. The R-L zoning district is consistent with the Low Density Residential land use designation of the General Plan.

4. R-S (Residential – Sonoma) District. The R-S zoning district is typically applied to parcels of three acres or more in size, and is intended to provide areas suitable for a broad range of housing types, including housing affordable to low and moderate income households. The R-S zoning district is intended to promote creativity in project design, variety in lot sizes and unit types, and development that will fit in with surrounding neighborhoods. The minimum density for new residential construction is three dwelling units per acre and the maximum density is eight dwelling units per acre. Subject to use permit review, limited neighborhood-serving commercial uses may be allowed, in accordance with SMC 19.14.030, Neighborhood commercial Agenda Item #5.1:

288983.v2
288983.v4
development. The R-S zoning district is consistent with the Sonoma Residential land use designation of the General Plan.

5. R-M (Residential – Medium Density) District. The R-M zoning district is applied to areas appropriate for medium density, multifamily residential development. New single-family dwellings are prohibited as of July 1, 2023, but existing units can continue as legal non-conforming uses under SMC Chapter 19.82. New accessory dwelling units and junior accessory dwelling units are allowed. The minimum density for new residential construction is seven dwelling units per acre and the maximum density is 11 dwelling units per acre. The R-M zoning district is consistent with the Medium Density Residential land use designation of the General Plan.

6. R-H (Residential – High Density) District. The R-H zoning district is applied to areas suitable for high density residential development, particularly in areas of transition between commercial or mixed use zoning districts. New single-family dwellings and duplexes are prohibited as of July 1, 2023, but existing units can continue as legal non-conforming uses under SMC Chapter 19.82. The minimum density for new residential construction is 11 dwelling units per acre and the maximum density is 15 dwelling units per acre. The R-H zoning district is consistent with the High Density Residential land use designation of the General Plan.

7. R-O (Residential – Housing Opportunity) District. The R-O zoning district is applied to areas appropriate for very high density residential development. The intent of this zoning district is to provide areas suitable for low and very low income households and for high density attached housing types. Single-family dwellings and duplexes are prohibited. The minimum density for new residential construction is 15 dwelling units per acre and the maximum density is 25 dwelling units per acre. The R-O zoning district implements the Housing Opportunity Site land use designation of the General Plan.

8. R-P (Residential – Mobile Home Park) District. The R-P zoning district is applied to the city’s three mobile home parks. Only uses consistent with the continued operation of these sites as mobile home parks are allowed. The maximum residential density is seven dwelling units per acre. The R-P zoning district is consistent with the Mobile Home Park land use designation of the General Plan.

Agenda Item #5.1:

288983.v2
288983.v4
B. Commercial Zoning Districts.

1. C (Commercial) District. The C zoning district is applied to areas appropriate for a range of commercial land uses including retail, tourist, office, and mixed uses. The C zoning district may accommodate multifamily dwellings but single-family dwellings and duplexes are prohibited. The maximum residential density is 20 dwelling units per acre. The C zoning district is consistent with the Commercial land use designation of the General Plan.

2. C-G (Commercial-Gateway) District. The C-G zoning district is applied to the Four Corners and Verano Triangle areas, prominent commercial entrances into the city that require sensitive site design. The maximum residential density is 20 dwelling units per acre. The C-G zoning district is consistent with the Gateway Commercial land use designation of the General Plan.

3. Residential Component. In applications for new development on properties of onehalf acre in size or larger for which a discretionary permit is required, a residential component is required, unless waived by the planning commission. A residential component should normally comprise at least 50 percent of the total proposed building area. Circumstances in which the residential component may be reduced or waived include, but are not limited to, the following:
a. The replacement of a commercial use within an existing tenant space with another commercial use.
b. The presence of uses or conditions incompatible with residential development on or adjacent to the property for which a new development is proposed. c. Property characteristics, including size limitations and environmental characteristics, that constrain opportunities for residential development or make it infeasible.
d. Limitations imposed by other regulatory requirements, such as the Growth Management Ordinance.

C. Mixed Use Zoning District.

1. MX (Mixed Use) District. The MX zoning district is intended to allow for multifamily dwellings housing types, such as apartments and condominiums, both Agenda Item #5.1:

288983.v2
288983.v4
separately and in conjunction with commercial and office development, in order to increase housing opportunities, reduce dependence on the automobile, and provide a pedestrian presence in commercial areas. Under this designation, longstanding commercial and industrial uses in otherwise residential areas may be preserved and, subject to use permit review, modified or intensified. New single-family dwellings and duplexes are prohibited as of July 1, 2023, but existing units can continue as legal non-conforming uses under SMC Chapter 19.82. The maximum residential density is 20 dwelling units per acre. The MX zoning district is consistent with the Mixed Use land use designation of the General Plan.

2. Residential Component. In applications for new development for which a discretionary permit is required, a residential component is required, unless waived by the planning commission. A residential component should normally comprise at least 50 percent of the total proposed building area. Circumstances in which the residential component may be reduced or waived include, but are not limited to, the following:
a. The replacement of a commercial use within an existing tenant space with another commercial use.
b. The presence of uses or conditions incompatible with residential development on or adjacent to the property for which a new development is proposed. c. Property characteristics, including size limitations and environmental characteristics, that constrain opportunities for residential development or make it infeasible.
d. Limitations imposed by other regulatory requirements, such as the Growth Management Ordinance.

3. Commercial Component. In applications for new development for which a discretionary permit is required, a commercial component may be required, unless waived by the planning commission. Circumstances in which a commercial component may be waived include, but are not limited to, the following:
a. The replacement, expansion, or alteration of a residential use within an existing residential or mixed use development.

Agenda Item #5.1:

288983.v2
288983.v4
b. The presence of uses or conditions incompatible with commercial development on or adjacent to the property for which a new development is proposed. c. Property characteristics, including size limitations and environmental characteristics, that constrain opportunities for commercial development or make it infeasible.
d. Interference with the objective of maximizing housing opportunities, especially affordable housing and other housing types that meet community needs as identified in the Housing Element.
e. Limitations imposed by other development regulations, including applicable requirements and guidelines of the development code.

D. Special Purpose Zoning Districts.

1. A (Agriculture) District. The A zoning district is applied to existing agricultural areas within the city. The intent of the zoning district is to protect these parcels for productive agricultural uses. The maximum residential density is one dwelling unit per 10 acres. The A zoning district is consistent with the Agricultural land use designation of the General Plan.

2. Pk (Park) District. The Pk zoning district is applied to parkland of a variety of types, from intensively developed playing fields and recreational facilities (including museums and recreation centers), to natural open spaces where development is limited to trails.

The Pk zoning district is consistent with the Park land use designations of the General Plan.

3. P (Public Facilities) District. The P zoning district applies to areas appropriate for a variety of public and quasi-public land uses. The P zoning district is consistent with the Public land use designations of the General Plan.

4. W (Wine Production) District. The W zoning district is applied to winery facilities.

Only winery-related land uses are suitable for this designation. The W zoning district is consistent with the Wine Production land use designation of the General Plan.

B. Tables 2-1, 2-2 and 2-3 set forth in Sonoma Municipal Code section 19.10.050 are amended to read as set forth in Exhibit “A”.

Agenda Item #5.1:

288983.v2
288983.v4
C. Section 19.52.030 (Concurrent Permit Processing) of the Sonoma Municipal Code is amended as follows:

19.52.030 Concurrent permit processing.

When a single project incorporates different land uses or features so that this development code requires multiple planning permit applications, all the applications shall be reviewed concurrently, to the extent feasible, with the review being the responsibility of the higher decision-making body. For purposes of this section, Planning Commission is higher than Design Review and Historic Preservation Commission. For example, an application for a Use Permit and Design Review would be decided by the Planning Commission with any appeal to the City Council.

D. Section 19.92.020 (Definitions of specialized terms and phrases) of the Sonoma Municipal Code is amended as follows:
“Duplex” means a residential structure under single ownership containing two dwellings. …
“Multifamily dwelling” means a structure containing more than two dwelling units. a building or a portion of a building used and/or designed as residences for three or more families living independently of each other. Includes: triplexes, fourplexes (buildings under one ownership with three or four dwelling units, respectively, in the same structure) and apartments (five or more units under one ownership in a single building); townhouse development (three or more attached single-family dwellings where no unit is located over another unit); and senior citizen multifamily housing; see also “Common interest development.” SECTION 2. Findings for Development Code Amendments.

Pursuant to Section 19.86.070(B) of the Sonoma Municipal Code, the proposed amendments of the development code under this ordinance:

A. Are consistent with the goals, policies, and actions of the General Plan because the amendments the amendments promote and preserve the use of property for housing; B. Would not be detrimental to the public interest, health, safety, convenience, or welfare of the city for the reasons described in the recitals above; C. Comply with the provisions of the California Environmental Quality Act (CEQA) as described in Section 3 below; and
Agenda Item #5.1:

288983.v2
288983.v4
D. Are internally consistent with other applicable provisions of this development code because the amendments facilitate permitting of duplexes in the low density residential zoning district and multifamily residential dwellings in the medium density and high density residential zoning districts, clarify the review process for concurrent applications to streamline permit processing, and clarify development standards for residential development projects.

SECTION 3. CEQA
This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the city. City Planning Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

As a series of text amendments and additions without any physical project being approved, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. The proposed ordinance amendments are therefore exempt from the provisions of CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA Guidelines.

SECTION 4. Severability.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. Effective Date.

This ordinance shall take effect thirty (30) days after passage thereof.

SECTION 6. Publication.

This ordinance shall be published in accordance with the provisions of Government Code section 36933, subdivision (c)(1).

SECTION 7. This Ordinance Prevails Where There is Conflict.

Agenda Item #5.1:

288983.v2
288983.v4
To the extent that this Ordinance conflicts with any other provision in the Sonoma Municipal Code or city ordinance (urgency or otherwise), policy or regulation, this Ordinance will control.

APPROVED:
__________________________
Jack Ding, Mayor
ATTEST: _________________________
Rebekah Barr, City Clerk
* * * * * *
I HEREBY CERTIFY the foregoing ordinance was duly adopted at a Regular Meeting of the City Council of the City of Sonoma held on the November 2, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Approved as to form:
________________________
Jeffrey A. Walter, City Attorney
Agenda Item #5.1:

11 Ord. Title 19 SMC 2022

288983.v2
288983.v4

EXHIBIT A
Amendments to “Zones and Allowable Uses” (Title 19, Section 19.10.050) of the Sonoma Municipal Code.

A. Table 2-1 (Residential Uses and Permit Requirements) is hereby amended as follows:

Allowed Uses and Permit
Requirements for Residential
Districts (1)
Permit Required by District (2) P Use permitted
UP Use Permit required
L License required
— Use not allowed
Land Use (1) R-HS R-R R-L R-S R-M R-H R-O R-P Specific Use Regulations

AGRICULTURE, RESOURCE AND OPEN SPACE USES
Animal Keeping P P UP — — — — — Chapter 8.08
SMC
Crop Production and
Horticulture
P P UP — — — — —
Produce Stands for
On-Site Production
P P UP — — — — — SMC

19.50.070

MANUFACTURING AND PROCESSING USES
Existing Uses — — — — — — — — SMC

19.82.020

RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
Equestrian Facilities UP UP — — — — — —
Parks and
Playgrounds
P P P P P P P —
Religious Facilities — — UP UP UP UP — —
Schools – Public
and Private
— — UP UP UP UP — —
RESIDENTIAL USES (2)
Duplex — — P UP P P — UP — UP —
Emergency Shelters — — — — UP UP UP — SMC

19.50.033
Home Occupation P P P P P P P P SMC

19.50.035
Live/Work Facilities — — — — UP — — —
Mobile Home Park — — — — — — — UP SMC

19.50.035
Agenda Item #5.1:

12 Ord. Title 19 SMC 2022

288983.v2
288983.v4
Multi-family Dwelling
(Four or fewer units)
— — — UP P P P —
Multi-family Dwelling
(Five or more units)
— — — UP UP UP P —
Personal Indoor
Cannabis Cultivation
(4)

P P P P P P P P SMC

19.50.032.A
Personal Outdoor
Cannabis Cultivation
(4)

P P P P P P P P SMC

19.50.032.B
(Prohibited if
multifamily
dwelling or
mobile
home)
Residential
Accessory
Structures

P P P P P P P P
Residential Care
Homes, Six or fewer
clients
— — P P P — — —
Residential Care
Homes, Seven or
more clients
— — — — UP — — —
Single-Family
Dwellings
P P P P — P —UP — — SMC

19.50.035
Accessory Dwelling
Units

P P P P P P P P SMC

19.50.090
Accessory Dwelling
Units, Junior

P P P P P P P P SMC

19.50.090
Supportive Housing
(3)
P P P/UP P/UP P/UP P/UP — —
Transitional Housing
(3)
P P P/UP P/UP P/UP P/UP — —

RETAIL TRADE AND SERVICES
Art, Antique,
Collectible and Gift
Sales
— — — UP — — — —
Artisan Shops — — — UP — — — —
Bed and Breakfast
Inns (B&Bs)
UP UP UP — — — — — SMC

19.50.030
Child Day Care
Center
— UP UP UP UP UP UP —
Agenda Item #5.1:

13 Ord. Title 19 SMC 2022

288983.v2
288983.v4
Child Day Care:

Small Family Day
Care Home
— UP UP UP UP UP — —
Child Day Care:

Large Family Day
Care Home
— — UP UP UP UP UP —
General Retail — — — UP — — — —
Governmental and
Public Facilities
— UP UP UP UP UP UP —
Libraries and
Museums
— — — UP — — — —
Medical Services –
Extended Care
— — — UP UP — — —
Offices, Professional
and Administrative
— — — UP — — — —
Personal Services — — — UP — — — —
Restaurant — — — UP — — — —
Senior Residential
Care Facilities
— — — — UP — — —
Telecommunications
Facilities,
Commercial
See Chapter 5.32 SMC, Telecommunications Facility and Antenna Criteria Time-shares
– – – – – – – –
SMC

19.50.140

SPECIAL PURPOSE USES
Public Utility
Facilities
— — — — — — — —
Public Utility
Equipment

P P P P P P P P
Notes:

1. See SMC 19.10.050(C) regarding uses not listed. See Division VIII for definitions of the listed land uses.

2. New residential developments subject to the City’s Growth Management Ordinance (SMC 19.94).

3. Supportive and Transitional Housing shall be subject to those restrictions that apply to other residential dwellings of the same type in the same zone. For example, such housing structured as single-family is permitted in the R-HS, R-R, RL and RS residential zones, whereas Supportive and Transitional housing structured as multi-family is limited to the RM and RH residential zones and the Mixed-Use Zone.

4. Personal cultivation of cannabis (Indoor and Outdoor) only allowable in conjunction with residential use subject to SMC 19.50.032.

Agenda Item #5.1:

14 Ord. Title 19 SMC 2022

288983.v2
288983.v4
B. Table 2-2 (Commercial Uses and Permit Requirements) is amended as follows:

Allowed Uses and Permit
Requirements for
Commercial Zoning
Districts (1)
Permit Required by
District (2)
P Use permitted
UP Use Permit required
L License required
— Use not allowed
Land Use C CG Specific Use Regulations

MANUFACTURING AND PROCESSING USES
Artisans/Craft Product
Manufacturing
UP UP
Food and Beverage
Manufacturing
UP UP
Furniture/Fixtures
Manufacturing, Cabinet
Shops
UP UP
Recycling Facilities – Reverse
Vending Machines
UP P
Recycling Facilities – Small
Collection Facilities
UP UP
Research and Development
(R&D)
UP —
Warehousing, Wholesaling
and Distribution
UP —
RECREATION, EDUCATION, and PUBLIC ASSEMBLY USES
Clubs, Lodges and Private
Meeting Halls
— UP
Community Centers UP UP
Health/Fitness Facilities P UP
Indoor
Amusement/Entertainment
Facilities
UP UP
Libraries and Museums P P
Nightclubs and Bars UP UP
Outdoor Commercial
Recreation
UP UP
Religious Facilities P —
Schools – Specialized
Education and Training
UP UP
Studios for Art, Dance, Music,
Photography, Etc.

P UP
Theaters and Auditoriums UP UP
RESIDENTIAL USES (4)
Single-Family Dwellings — —
Agenda Item #5.1:

15 Ord. Title 19 SMC 2022

288983.v2
288983.v4
Duplex — —
Emergency Shelters UP UP SMC 19.50.033
Live/Work Facilities UP UP SMC 19.50.050
Multi-family Dwelling (Four or
fewer units)
UP UP
Multi-family Dwelling (Five or
more units)
UP UP
Personal Indoor Cannabis
Cultivation (7)
P P SMC 19.50.032.A
Personal Outdoor Cannabis
Cultivation (7)
P P SMC 19.50.032.B
(Prohibited if multifamily
dwelling or mobile home)
Single Room Occupancy
Housing
UP —
Supportive Housing UP UP
Transitional Housing UP UP
RETAIL TRADE (3)
Accessory Retail Uses P P
Adult Business UP —
Art, Antique, Collectible and
Gift Sales
P P
Artisan Shops P UP
Auto and Vehicle
Sales/Rental
UP —
Building Material Stores UP UP
Commercial Cannabis Activities (8): SMC Chapter 5.36
Manufacturing UP —
Non-store front retail UP —
Store-front retail UP —
Testing laboratory UP —
Drive-In and Drive Through
Sales
UP —
Furniture, Furnishings and
Equipment Stores
P P
General Retail P P
Grocery Store P P
Music Venue L L SMC Chapter 5.34
Outdoor Retail Sales and
Activities
UP UP
Agenda Item #5.1:

16 Ord. Title 19 SMC 2022

288983.v2
288983.v4
Plant Nurseries and Garden
Supply Stores
P P
Restaurant UP UP
Second Hand Stores P P
Shopping Center UP UP
Special Event Venue (6) UP UP
Wine Tasting Facilities/Wine
Bars
WTUP WTUP SMC 19.50.120
Tap Rooms UP UP SMC 19.50.130

SERVICES
Banks and Financial Services P P
Bed and Breakfast Inns
(B&Bs)
UP UP SMC 19.50.030
Business Support Services P UP
Child Day Care Facilities P P
Drive-In and Drive-Through
Services
UP —
Equipment Rental UP —
Governmental and Public
Facilities
P P
Hotel or Motel UP UP
Medical Services – Clinics,
Offices, Laboratories
UP UP
Medical Services – Hospitals UP UP
Mortuaries and Funeral
Homes
UP —
Offices, Professional and
Administrative
P UP
Personal Services P P
Storage – Outdoor UP —
Storage – Personal Storage
Facility (Mini-Storage)
UP —
Telecommunications
Facilities, Commercial
See Chapter 5.32 SMC, Telecommunications Facility and
Antenna Criteria
Time-shares — — SMC

19.50.140
Auto Parts Sales P —
Vacation Rental — — SMC 19.50.110
Vehicle Services, Car
Washes
UP —
Agenda Item #5.1:

17 Ord. Title 19 SMC 2022

288983.v2
288983.v4
Vehicle Services, Repair and
Maintenance
UP —
Vehicle Services, Service
Station
UP — SMC 19.50.100
Repair Services, for
Consumer Products
P UP

SPECIAL CIRCUMSTANCES COMMERCIAL DEVELOPMENT
Commercial Development,
Large
UP UP Chapter 5.34 SMC
Development Adjacent to a
Residential Zone (4)
UP UP
Formula Business, Small P/UP (5) P SMC 19.50.035
Formula Business, Large UP UP SMC 19.50.035
Formula Restaurant, Large UP/– (6) UP SMC 19.50.035
Shopping Center,
Reconfiguration
UP UP

SPECIAL PURPOSE USES
Public Utility Facilities — —
Public Utility Equipment P P
Notes:

1. See SMC 19.10.050(C) regarding uses not listed. See Division VIII for definitions of the listed land uses.

2. New residential developments subject to the City’s Growth Management Ordinance (SMC 19.94).

3. Supportive and Transitional Housing shall be subject to those restrictions that apply to other residential dwellings of the same type in the same zone. For example, such housing structured as single-family is permitted in the R-HS, R-R, RL and RS residential zones, whereas Supportive and Transitional housing structured as multi-family is limited to the RM and RH residential zones and the Mixed-Use Zone.

4. Defined as new commercial construction or an addition to an existing commercial building, having an area of 1,000 square feet or greater.

5. Use Permit required within the historic overlay zone

6. Prohibited in /P Plaza Retail District. See SMC 19.50.035.

7. Personal cultivation of cannabis (indoor and outdoor) only allowable in conjunction with residential use subject to SMC 19.50.032.

8. No commercial cannabis activity may occur in these zoning districts unless and until a commercial cannabis business permit has been issued for that activity under Chapter 5.36.

Agenda Item #5.1:

18 Ord. Title 19 SMC 2022

288983.v2
288983.v4
C. Table 2-3 (Mixed Uses and Permit Requirements) is amended as follows:

Allowed Uses and Permit
Requirements for Mixed
Use Zoning Districts (1)
Permit Required by
District (2)
P Use permitted
UP Use Permit required
L License required
— Use not allowed
Land Use MX Specific Use Regulations
MANUFACTURING AND PROCESSING USES (3)
Artisans/Craft Product
Manufacturing
UP
Food and Beverage
Manufacturing
UP
Furniture/Fixtures
Manufacturing, Cabinet
Shops
UP
Change in Existing
Nonconforming Uses
UP SMC 19.82.020
Recycling Facilities – Small
Collection Facilities
—
Research and Development
(R&D)
UP
Warehousing, Wholesaling
and Distribution
—
RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES (3)
Clubs, Lodges, and Private
Meeting Halls
UP
Community Centers UP
Health/Fitness Facilities UP
Indoor
Amusement/Entertainment
Facilities
UP
Libraries and Museums UP
Outdoor Commercial
Recreation
—
Religious Facilities UP
Schools – Specialized
Education and Training
UP
Studios for Art, Dance, Music,
Photography, Etc.

UP
Theaters and Auditoriums UP
RESIDENTIAL USES (4)
Duplex — —
Agenda Item #5.1:

19 Ord. Title 19 SMC 2022

288983.v2
288983.v4
Emergency Shelters UP SMC 19.50.033
Live/Work Facilities UP SMC 19.50.050
Multi-family Dwelling (Four or
fewer units)
P
Multi-family Dwelling (Five or
more units)
UP
Personal Indoor Cannabis
Cultivation (7)
P SMC 19.50.032.A
Personal Outdoor Cannabis
Cultivation (7)
P SMC 19.50.032.B
(Prohibited if multifamily
dwelling or mobile home)
Residential Care Homes,
Seven or more clients
UP
Single-Family Dwellings — P (5)
Supportive Housing, four or
fewer units
P
Supportive Housing, five or
more units
UP
Transitional Housing, four or
fewer units
P
Transitional Housing, five or
more units
UP
RETAIL TRADE (3)
Accessory Retail Uses UP
Art, Antique, Collectible and
Gift Sales
UP
Artisan Shops UP
Auto and Vehicle
Sales/Rental
—
Building Material Stores —
Commercial Cannabis Activities (8):

Manufacturing UP SMC Chapter 5.36
Non-store front retail UP SMC Chapter 5.36
Testing laboratory UP SMC Chapter 5.36
Drive-In and Drive-Through
Sales
UP
Farmers Market UP
Fueling Station UP
Furniture, Furnishings and
Equipment Stores
UP
General Retail UP
Agenda Item #5.1:

20 Ord. Title 19 SMC 2022

288983.v2
288983.v4
Grocery Store UP
Music Venue L Chapter 5.34 SMC
Outdoor Retail Sales and
Activities
UP
Plant Nurseries and Garden
Supply Stores
UP
Restaurant UP
Second Hand Stores UP
Shopping Center UP
Special Event Venue (6) UP
Wine Tasting Facilities/Wine
Bars
WTUP SMC 19.50.120
Tap Rooms UP SMC 19.50.130
SERVICES (3)
Auto Parts Sales UP
Banks and Financial Services UP
Bed and Breakfast Inns
(B&Bs)
UP
Business Support Services UP
Child Day Care Facilities UP
Drive-In and Drive-Through
Facilities
UP
Equipment Rental UP
Governmental and Public
Facilities
UP
Hotel or Motel UP
Medical Services – Clinics,
Offices, Laboratories
UP
Medical Services – Hospitals —
Mortuaries and Funeral
Homes
UP
Offices, Professional and
Administrative
UP
Personal Services UP
Storage – Outdoor — SMC 19.40.100(D)
Storage – Personal Storage
Facility (Mini-Storage)
—
Telecommunications
Facilities, Commercial
See Chapter 5.32 SMC, Telecommunications Facility and
Antenna Criteria
Time-shares —
SMC

19.50.140
Agenda Item #5.1:

21 Ord. Title 19 SMC 2022

288983.v2
288983.v4
Vacation Rental — SMC 19.50.110
Vehicle Services, Repair and
Maintenance
UP
Vehicle Services, Service
Stations
— SMC 19.50.100
Repair Services for
Consumer Products
UP

SPECIAL CIRCUMSTANCES COMMERCIAL DEVELOPMENT
Formula Business, Small UP SMC 19.50.035
Formula Business, Large UP SMC 19.50.035
Formula Restaurant, Large UP SMC 19.50.035

SPECIAL PURPOSE USES
Public Utility Facilities —
Public Utility Equipment P
Notes:

1. See SMC 19.10.050(C) regarding uses not listed. See Division VIII for definitions of the listed land uses.

2. New development in the Mixed-Use zone shall include a residential component unless waived by the planning commission through use permit review (see SMC 19.10.020(C)).

3. Uses within these categories are allowed only if the planning commission finds that the use will not result in the encroachment of incompatible commercial uses within an established residential area.

4. New residential developments subject to the city’s growth management ordinance.

5. Limited to Single-family dwellings on an existing lot of record that pre-date July 1, 2023 are legal non-conforming uses.; otherwise, use permit approval is required.

6. On sites of one acre in size or larger.

7. Personal cultivation of cannabis (indoor and outdoor) only allowable in conjunction with residential use subject to SMC 19.50.032.

8. No commercial cannabis activity may occur in these zoning districts unless and until a commercial cannabis business permit has been issued for that activity under Chapter 5.36.

Agenda Item #5.1:

22 Ord. Title 19 SMC 2022

288983.v2
288983.v4
Agenda Item #5.1:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Oct 2022
Department
Development Services
Staff Contact
Wayne Wirick, Development Services
Director/Building Official
Agenda Item Title
Discussion, Consideration, and Possible Action to Introduce an Ordinance Repealing Chapter

14.25 (Flood Damage Prevention Regulations) and Adopt a New Chapter 14.25 (Floodplain Management Regulations) of the Sonoma Municipal Code to meet the requirements of the National Flood Insurance Program and the California Building Standards Code Summary
In order to participate in the National Flood Insurance Program (NIFP), cities and counties are required to adopt flood hazard prevention regulations that comply with Federal Emergency Management Agency (FEMA) requirements. The NFIP enables property owners in participating communities to purchase flood insurance from the federal government.

In 1988, the City Council adopted Ordinance 88-1 establishing Flood Damage Prevention Regulations in Sonoma Municipal Code (SMC) Chapter 14.25 for buildings located within special flood hazard zones within the City. A recent review of SMC Chapter 14.25 showed that modifications to the flood damage prevention regulations are needed to comply with updated minimum FEMA and California Building Standards Code requirements.

The proposed ordinance repealing SMC Chapter 14.25 and adopting a new SMC Chapter

14.25 effectively brings the City's flood plain management regulations into compliance with FEMA's NFIP. The major change in the regulations is the requirement to raise the lowest floor for most newly constructed buildings and buildings undergoing substantial improvements (as defined) at least 1 foot above the designated base flood elevation if the building is located within a designated special flood hazard zone (projected 100-year flood frequency) as indicated on the City's Flood Insurance Rate Maps. Previously, the lowest floor for these buildings were required to be elevated to not less than designated base flood elevation.

The California Department of Water Resources, FEMA and the City Attorney's office have reviewed the proposed ordinance and all review comments have been addressed in the draft ordinance.

Recommended Council Action
Introduce the proposed ordinance repealing Chapter 14.25 (Flood Damage Prevention Regulations) of the Sonoma Municipal Code and adopting a new Chapter 14.25 (Floodplain Management Regulations) to meet the requirements of the National Flood Insurance Program and the California Building Standards Code.

Alternative Actions
None recommended.

Agenda Item #5.2:

Financial Impact
None
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
2022 Flood Management Ordinance
Agenda Item #5.2:

1 ORDINANCE NO. XX-2022

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA REPEALING CHAPTER 14.25 (FLOOD DAMAGE PREVENTION REGULATIONS) OF THE SONOMA MUNICIPAL CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 14.25 (FLOODPLAIN MANAGEMENT REGULATIONS) TO MEET THE REQUIREMENTS OF THE

NATIONAL FLOOD INSURANCE PROGRAM AND COORDINATE WITH THE FLOOD PROVISIONS OF CALIFORNIA CODE OF REGULATIONS TITLE 24 (CALIFORNIA BUILDING STANDARDS CODE).
______________________________________________________________________ WHEREAS, the Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency (FEMA) has identified special flood hazard areas within the boundaries the City of Sonoma and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and
WHEREAS, the City of Sonoma was accepted for participation in the National Flood Insurance Program on January 17, 1979 and the City Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and
WHEREAS, pursuant to the California Health and Safety Code, Division 13, Part 1.5 and Part 2.5, the City of Sonoma is required to administer and enforce the California Building Standards Code, and such building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas; and WHEREAS, this ordinance does not modify a “building standard” as defined by California Health and Safety Code Section 18909(a) and is not subject to the requirements of findings pursuant to Health and Safety Code Sections 17958.5, 17958.7 and 18941.5; and WHEREAS, The flood hazard areas of Sonoma are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and
WHEREAS, flood losses may be caused by the cumulative effect of obstructions in areas of special flood hazard areas which increase flood heights and velocities, and, when inadequately anchored, may damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss; and
WHEREAS, the City Council has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the California Building Standards Code.

Agenda Item #5.2:

2 WHEREAS, the proposed ordinance contains nondiscretionary ministerial provisions that are exempt from the requirements of the California Environmental Quality Act (“CEQA”).

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Sonoma that the following floodplain management regulations are hereby adopted.

SECTION 1. RECITALS.

The foregoing whereas clauses are incorporated herein by reference and made a part hereof.

SECTION 2. AMENDMENTS TO SONOMA MUNICPAL CODE CHAPTER 14.25.

Chapter 14.25 of the Sonoma Municipal Code; Ordinance 88-1; Ordinance 97-3; Ordinance 2002-09 are hereby repealed in their entirety and Chapter 14.25 of the Sonoma Municipal Code is replaced to read as follows:

CHAPTER 14.25

FLOODPLAIN MANAGEMENT REGULATIONS
PART I. – SCOPE AND ADMINISTRATION
ARTICLE 1 GENERAL PROVISIONS

14.25.010 Title. These regulations, in combination with the flood provisions of California Code of Regulations Title 24, the California Building Standards Code (hereinafter “building codes,” consisting of the Part 2 (building), Part 2.5 (residential), Part 10 (existing building), and related codes), shall be known as the Floodplain Management Regulations of the City of Sonoma (hereinafter “these regulations”).

14.25.020 Statutory authority. Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.

14.25.030 Scope. The provisions of these regulations, in combination with the flood provisions of the building codes, shall apply to all proposed development entirely or partially in flood hazard areas established in Section 14.25.110 of these regulations.

14.25.040 Purposes and objectives. The purposes and objectives of these regulations and the flood load and flood resistant construction requirements of the building codes are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:
(A) Minimize unnecessary disruption of commerce, access and public service during times of flooding.
(B) Require the use of appropriate construction practices in order to prevent or minimize future flood damage.
(C) Manage the alteration of natural floodplains, stream channels and shorelines to Agenda Item #5.2:

3 minimize the impact of development on the natural and beneficial functions of the floodplain.
(D) Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential.
(E) Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.
(F) Contribute to improved construction techniques in the floodplain. (G) Minimize damage to public and private facilities and utilities. (H) Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.
(I) Minimize the need for rescue and relief efforts associated with flooding. (J) Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.
(K) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.
(L) Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22.

14.25.050 Coordination with California Building Standards Code. Pursuant to the requirement established in Health & Safety Code, § 17958 that the City of Sonoma administer and enforce the Uniform Building Code and California Building Standards Code, the City Council of the City of Sonoma hereby acknowledges that the building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the building codes.

14.25.060 Warning. The degree of flood protection required by these regulations and the building codes is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of these regulations and the building codes does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency (FEMA), requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with these regulations.

14.25.070 Disclaimer of liability. These regulations shall not create liability on the part of the City Council, the City of Sonoma, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency (FEMA), for any flood damage that results from reliance on these regulations or any administrative decision lawfully made hereunder. The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the community in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or Agenda Item #5.2:

4 property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by a legal representative of the community until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.

14.25.080 Other laws. The provisions of these regulations shall not be deemed to nullify any provisions of local, State or federal law.

14.25.090 Abrogation and greater restrictions. These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal, abrogate or impair any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes, nor any existing easements, covenants, or deed restrictions. In the event of an overlap or conflict between these regulations and any other ordinance, code, regulation, easement, covenant, or deed restriction, the more restrictive shall govern.

ARTICLE 2 APPLICABILITY

14.25.100 General applicability. These regulations, in conjunction with the building codes, provide minimum requirements for development located in flood hazard areas, including the subdivision of land; filling, grading and other site improvements; installation of utilities; installation, placement and replacement of manufactured homes; placement of recreational vehicles; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; certain building work exempt from permit under the building codes; and flood control projects.

14.25.110 Establishment of flood hazard areas. The Flood Insurance Study for Sonoma County, California and Incorporated Areas dated January 17, 1979, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are hereby adopted by reference as a part of these regulations and serve as the basis for establishing flood hazard areas. Where the building code establishes flood hazard areas, such areas are established by this section.

Additional maps and studies, when specifically adopted, supplement the FIS and FIRMs to establish additional flood hazard areas. Maps and studies that establish flood hazard areas are on file at the office of the Building Official at Sonoma City Hall.

14.25.120 Interpretation. In the interpretation and application of these regulations, all provisions shall be:
(A) Considered as minimum requirements.
(B) Liberally construed in favor of the governing body. (C) Deemed neither to limit nor repeal any other powers granted under state statutes.

ARTICLE 3 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR

14.25.130 Designation. The Building Official is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.

Agenda Item #5.2:

5 14.25.140 General authority. The Floodplain Administrator is authorized and directed to administer and enforce these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Article 7 of these regulations. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a qualified California (CA) Licensed Land Surveyor or Civil Engineer when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with these regulations.

14.25.150 Coordination. The Floodplain Administrator shall coordinate with and provide comments to the City Building Department to administer and enforce the flood provisions of the building code and to ensure compliance with the applicable provisions of these regulations. The Floodplain Administrator has the authority to establish written procedures for reviewing applications and conducting inspections for buildings and for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section

14.25.170 of these regulations.

14.25.160 Duties. The Floodplain Administrator, in coordination with other pertinent offices of the community, shall:
(A) Review all permit applications and plans to determine whether proposed development is located in flood hazard areas.
(B) Review all applications and plans for development in flood hazard areas for compliance with these regulations.
(C) Review, in coordination with the Building Department, required design certifications and documentation of elevations specified by the building code to determine that such certifications and documentations are complete.
(D) Review applications and plans for modification of any existing development in flood hazard areas for compliance with these regulations.
(E) Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.
(F) Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
(G) Determine whether additional flood hazard data shall be obtained from other sources or developed by the applicant.
(H) Complete the appropriate section of the Department of Housing and Community Development Floodplain Ordinance Compliance Certification for Manufactured Home/Mobile home Installations when submitted by applicants. (I) Review requests submitted to the Building Department seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the building code, to determine whether such requests require consideration as a variance pursuant to Article 7 of these regulations.
(J) Coordinate with the Building Department and others to identify and investigate Agenda Item #5.2:

6 damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
(K) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available. (L) Require applicants who propose alteration of a watercourse to notify adjacent communities and the NFIP State Coordinating Agency, and to submit copies of such notifications to the FEMA.
(M) Inspect development in accordance with Article 6 of these regulations and inspect flood hazard areas to determine when development is undertaken without issuance of permits.
(N) Prepare comments and recommendations for consideration when applicants seek variances for development other than buildings in accordance with Article 7 of these regulations.
(O) Cite violations in accordance with Article 8 of these regulations. (P) Notify FEMA when the corporate boundaries of the City of Sonoma have been modified and provide a map and legal description of the changes in the corporate boundaries.
(Q) Submit a report to the Federal Insurance Administrator concerning the City's participation in the NFIP, including, but not limited to the development and implementation of flood plain management relations, as required by CFR Title 44 Part

59.22, Subpart B, Subsection 2. This report shall be submitted annually or biennially as determined by the Federal Insurance Administrator.

14.25.170 Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Department, shall:
(A) Estimate the market value or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
(B) Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure. (C) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
(D) Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.

Agenda Item #5.2:

7 14.25.180 Department records. In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the building codes, including Flood Insurance Studies and Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and these regulations; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the building codes.

ARTICLE 4 PERMITS FOR FLOODPLAIN DEVELOPMENT

14.25.190 Permits required. Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit for floodplain development. No permit shall be issued until compliance with the requirements of these regulations and all other applicable codes and regulations has been satisfied. No building permit shall be issued based on Conditional Letters of Map Revision issued by FEMA. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine a permit for floodplain development is required in addition to a building permit.

14.25.200 Application for permit. The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. The information provided shall:
(A) Identify and describe the development to be covered by the permit. (B) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitely locate the site.
(C) Indicate the use and occupancy for which the proposed development is intended. (D) Be accompanied by a site plan and construction documents as specified in Article 5 of these regulations, including grading, excavation and filling plans and other information deemed appropriate by the Floodplain Administrator.
(E) State the valuation of the proposed work.
(F) Be signed by the applicant or the applicant's authorized agent. (G) Include such other data and information required by the Floodplain Administrator to demonstrate compliance with these regulations.

14.25.210 Validity of permit. The issuance of a permit for floodplain development under these regulations or the building codes shall not be construed to be a permit for, or approval of, any violation of these regulations, the building code, or any other ordinance of the community. The issuance of a permit for floodplain development based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations.

Agenda Item #5.2:

8 14.25.220 Other permits required. The applicant shall obtain all other required state and federal permits prior to initiating work authorized by these regulations and shall provide documentation of such permits to the Floodplain Administrator. Such permits include but are not limited to those required by the California State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.

14.25.230 Expiration. Every permit issued shall become invalid after 4 years from the date of issuance. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 12 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. For the purposes of this section, work shall be considered commenced if a required inspection has been requested by the permittee and the required inspection of the work performed has been conducted by a City building inspector within 12 months after the issuance of the building permit.

For the purposes of this section, work shall be considered abandoned if no required inspection has been conducted by a City building inspector within a 12-month period after work has commenced. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each, unless FEMA has issued notification of revision to the Flood Insurance Rate Study and Flood Insurance Rate Maps that alter the flood hazard area or floodway boundaries, flood zones, or base flood elevations, in which case the permit is invalid. The extension shall be requested by the permittee in writing and justifiable cause demonstrated.

14.25.240 Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a permit for floodplain development issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of these regulations or any ordinance or code of this community.

14.25.250 Appeals of decisions. When it is alleged that there is an error in any decision or determination made by the Floodplain Administrator in the interpretation or enforcement of these regulations, such decision or determination may be appealed to the City Council pursuant to the requirements contained in Sonoma Municipal Code Chapter 1.24. Appeals setting forth the reasons of the appeal shall be made in writing, on a form provided by the city clerk, and filed within 15 calendar days of the date the Floodplain Administrator’s decision, notice or order (oral or written) that is properly served, together with any applicable fees pursuant to the fee schedule adopted by the City Council.

ARTICLE 5 SITE PLANS AND CONSTRUCTION DOCUMENTS

14.25.260 Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:
(A) Delineation of flood hazard areas; floodway boundaries and flood zone(s); base flood elevation(s); ground elevations; proposed filling, grading, and excavation; and drainage patterns and facilities when necessary for review of the proposed development.
(B) Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 14.25.270 or Section 14.25.280 of these regulations.
(C) Where the parcel on which the proposed development will take place will have more Agenda Item #5.2:

9 than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 14.25.270(B) of these regulations. (D) Location of the proposed activity and proposed structures; locations of water supply, sanitary sewer, and other utilities; and locations of existing buildings and structures. (E) Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
(F) Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose.
(G) Existing and proposed alignment of any proposed alteration of a watercourse.

14.25.270 Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator is authorized to:
(A) Require the applicant to include base flood elevation data prepared by a qualified CA Licensed Civil Engineer in accordance with currently accepted engineering practices.

Such analyses shall be performed and sealed by a qualified CA Licensed Civil Engineer. Studies, analyses and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant. (B) Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source.
(C) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:
(1) Require the applicant to include base flood elevation data in accordance with Section 14.25.270(A) of these regulations; or
(2) Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet. (D) Where the base flood elevation data are to be used to support a request for a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees.

14.25.280 Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of these regulations, the applicant shall have the following analyses signed and sealed by a qualified CA Licensed Civil Engineer for submission with the site plan and construction documents:
(A) For development activities proposed to be located in a floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed Agenda Item #5.2:

10 development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 14.25.290 of these regulations and shall submit the Conditional Letter of Map Revision, when issued by FEMA, with the site plan and construction documents. (B) For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the Flood Insurance Study or on the FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
(C) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices that demonstrates the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in Section 14.25.290 of these regulations. The applicant shall notify the chief executive officer of adjacent communities and the California Department of Water Resources. The Floodplain Administrator shall maintain a copy of the notification in the permit records and shall submit a copy to FEMA.

14.25.290 Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling, permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision.

ARTICLE 6 INSPECTIONS

14.25.300 Inspections, in general. Development for which a permit for floodplain development is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.

14.25.310 Inspections of development other than buildings and structures. The Floodplain Administrator shall make or cause to be made, inspections of all development other than buildings and structures that is authorized by issuance of a permit for floodplain development under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine when development is undertaken without issuance of a permit.

Agenda Item #5.2:

11 14.25.320 Inspections of manufactured homes installations. The Floodplain Administrator shall make or cause to be made, inspections of installation and replacement of manufactured homes in flood hazard areas authorized by issuance of a permit for floodplain development under these regulations. Upon installation of a manufactured home and receipt of the elevation certification required in Section 14.25.590 of these regulations the Floodplain Administrator shall inspect the installation or have the installation inspected.

14.25.330 Buildings and structures. The Building Official shall make or cause to be made inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the building code and this chapter:
(A) Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in the building code shall be prepared by a CA Licensed Land Surveyor or Civil Engineer and submitted to the building official.
(B) Final inspection. Prior to the final inspection, certification of the elevation required in the building code shall be prepared by a CA Licensed Land Surveyor or Civil Engineer and submitted to the building official.

ARTICLE 7 VARIANCES

14.25.340 Nature of variances. The considerations and conditions for variances set forth in this article are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be issued for a parcel of property with physical characteristics so unusual that complying with the requirements of these regulations would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. The issuance of a variance is for floodplain management purposes only.

Federal flood insurance premium rates are determined by the National Flood Insurance Program according to actuarial risk and will not be modified by the granting of a variance.

The City Council promotes public health, safety and welfare and adopts regulations to minimize losses from flooding. The implications of property damage and the cost of insuring a structure built below flood level are so serious that variances from the elevation or other requirements in the building codes should be quite rare. The long-term goal of preventing and reducing flood loss and damage, and minimizing recovery costs, inconvenience, danger, and suffering, can only be met when variances are strictly limited. Therefore, the variance requirements in these regulations are detailed and contain multiple provisions that must be met before a variance can be properly issued. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

14.25.350 Variances; general. The City Council shall hear and decide requests for variances from the strict application of these regulations.

14.25.360 Limitations on authority. The City Council shall base its determination on technical justifications submitted by applicants, the considerations and conditions set forth in this article, the comments and recommendations of the Floodplain Administrator, as applicable, and has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations and the building code.

14.25.370 Records. The Floodplain Administrator shall maintain a permanent record of all Agenda Item #5.2:

12 variance actions, including justification for issuance.

14.25.380 Historic structures. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic structure upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the structure's continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure. When the proposed work precludes the structure’s continued designation as a historic building, a variance shall not be granted and the structure and any repair, improvement, and rehabilitation shall be subject to the requirements of the building code.

14.25.390 Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analyses required in Section 14.25.280(A) of these regulations.

14.25.400 Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the criteria in Section 1612 of the building code (CCR Title 24 Part 2) or Section R322 of the residential code (CCR Title 24 Part 2.5) are met, as applicable, and the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damages during the base flood and create no additional threats to public safety.

14.25.410 Agricultural structures. A variance is authorized to be issued for the construction or substantial improvement of agricultural structures that are not elevated or dry floodproofed, provided the requirements of this section are satisfied and:
(A) A determination has been made that the proposed agricultural structure:
(1) Is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, or storage of tools or equipment used in connection with these purposes or uses, and will be restricted to such exclusive uses.
(2) Has low damage potential.
(3) Does not increase risks and pose a danger to public health, safety, and welfare if flooded and contents are released, including but not limited to the effects of flooding on manure storage, livestock confinement operations, liquified natural gas terminals, and production and storage of highly volatile, toxic, or water-reactive materials.
(4) Complies with the wet floodproofing construction requirements of Section

14.25.410(B), below.
(B) Wet floodproofing construction requirements.
(1) Anchored to resist flotation, collapse, and lateral movement. (2) When enclosed by walls, walls have flood openings that comply with the flood opening requirements of American Society of Civil Engineers (ASCE) 24, Chapter 2.
(3) Flood damage-resistant materials are used below the base flood elevation. (4) Mechanical, electrical, and utility equipment are elevated above the base flood elevation.

Agenda Item #5.2:

13 14.25.420 Considerations for issuance of variances. In reviewing applications for variances, all technical evaluations, all relevant factors, all other requirements of these regulations and the building code, as applicable, and the following shall be considered:
(A) The danger that materials and debris may be swept onto other lands resulting in further injury or damage.
(B) The danger to life and property due to flooding or erosion damage. (C) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners. (D) The importance of the services provided by the proposed development to the community.
(E) The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.
(F) The compatibility of the proposed development with existing and anticipated development.
(G) The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.
(H) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(I) The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, if applicable, expected at the site.
(J) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges.

14.25.430 Conditions for issuance of variances. Variances shall only be issued upon:
(A) Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the building code inappropriate.
(B) A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable. (C) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or future property owners, or conflict with existing local laws or ordinances.
(D) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(E) When the request is to allow construction of the lowest floor of a new building or substantial improvement of a building below the base flood elevation, notification to the applicant in writing over the signature of the Floodplain Administrator specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that issuance of a variance to construct below the elevation Agenda Item #5.2:

14 required in the building code will result in increased premium rates for federal flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the required elevation increases risks to life and property.

ARTICLE 8 VIOLATIONS

14.25.440 Violations. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation.

A building or structure without the documentation of the elevation of the lowest floor, other required design certifications, or other evidence of compliance required by these regulations or the building code, is presumed to be a violation until such time as required documentation is submitted. Violation of the requirements shall constitute a misdemeanor.

14.25.450 Authority. The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner’s agent, or to the person or persons doing the work for development that is not within the scope of the building codes, but is regulated by these regulations and that is determined to be a violation.

14.25.460 Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to an investigation fee as adopted by the City Council and penalties as prescribed by Section

1.12.010 of the Sonoma Municipal Code or otherwise prescribed by law. Further, any violation of this section is deemed a public nuisance and may be subject to nuisance abatement proceedings as provided by Section 1.12.010 and Chapter 14.30 of the Sonoma Municipal Code and/or enforcement proceedings under Chapter 1.28 or Chapter 1.30 of the Sonoma Municipal Code.

PART II. – DEFINITIONS
ARTICLE 9 DEFINITIONS

14.25.470 General. The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Where terms are not defined in these regulations and are defined in the building code (CCR Title 24 Part 2) and used in the residential code (CCR Title 24 Part 2.5), such terms shall have the meanings ascribed to them in those codes. Where terms are not defined in these regulations or the building code, such terms shall have ordinarily accepted meanings such as the context implies.

14.25.480 Definitions
“Accessory Structure” means a structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage.
“Agricultural Structure” means a walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.

Agenda Item #5.2:

15 “Alteration of a watercourse” means a dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. “ASCE 24” means the standard Flood Resistant Design and Construction, referenced by the building code, developed and published by the American Society of Civil Engineers, Reston, VA. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the building code.
“Base flood” means the flood having a 1-percent chance of being equaled or exceeded in any given year. [Also defined in CCR Title 24 Part 2.]
”Base flood elevation” means the elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in CCR Title 24 Part 2.]
“Basement” means, for the purpose of floodplain management, the portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in CCR Title 24 Part 2.] “Building code” means California Code of Regulations Title 24, the California Building Standards Code, the family of building codes specifically adopted by the State of California and composed of:
(1) Part 2, applicable to buildings and structures other than dwellings within the scope of this part.
(2) Part 2.5, applicable to one- and two-family dwellings and townhouses not more than three stories, and accessory structures.
(3) Part 10, applicable to existing buildings (as defined in that code). (4) Other specified codes.
“Design flood” means the flood associated with the greater of the following two areas: [Also defined in CCR Title 24 Part 2.]
(1) Area with a flood plain subject to a 1-percent or greater chance of flooding in any year. (2) Area designated as a flood hazard area on a community’s flood hazard map, or otherwise legally designated.
“Design flood elevation” means the elevation of the “design flood,” including wave height, relative to the datum specified on the community’s legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building’s perimeter plus the depth number (in feet) specified on the flood hazard map. In areas designated as Zone AO where a depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet (610 mm). [Also defined in CCR Title 24 Part 2.]
“Development” means any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations, flood control projects, and other land-disturbing activities. “Encroachment” means the placement of fill, excavation, buildings, permanent structures or Agenda Item #5.2:

16 other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.
"Exceptional hardship" means, for the purpose of variances from these regulations or the building code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule, qualify as exceptional hardships. All of these circumstances can be resolved through other means without granting variances, even when the alternatives are more expensive or require the property owner to build elsewhere or put the parcel to a different use than originally intended.
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before July 11, 1966.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). “Flood or flooding” means a general and temporary condition of partial or complete inundation of normally dry land from:
(1) The overflow of inland or tidal waters.
(2) The unusual and rapid accumulation or runoff of surface waters from any source. (3) Mudslides (i.e., mudflows) which are proximately caused by flooding. “Flood control project” means a dam or barrier design and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization.
“Flood damage-resistant materials” means any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in CCR Title 24 Part 2.] “Flood hazard area” means the greater of the following two areas: [Also defined in CCR Title 24 Part 2.]
(1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year.
(2) The area designated as a flood hazard area on the community’s flood hazard map, or otherwise legally designated.
“Flood Insurance Rate Map (FIRM)” means an official map of a community on which the Federal Emergency Management Agency (FEMA) has delineated both the special flood hazard areas and the risk premium zones applicable to the community. [Also defined in CCR Title 24 Part 2.]
“Flood Insurance Study” means the official report provided by the Federal Emergency Agenda Item #5.2:

17 Management Agency (FEMA) containing the Flood Insurance Rate Map (FIRM), the Flood Boundary and Floodway Map (FBFM), the water surface elevation of the base flood and supporting technical data. [Also defined in CCR Title 24 Part 2.] “Floodplain Administrator” means the community official designated by title to administer and enforce the floodplain management regulations.
“Floodway” means the channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Also defined in CCR Title 24 Part

2.]
"Fraud or victimization" means, for the purpose of variances from these regulations or the building code, the intentional use of deceit to deprive another of rights or property, making a victim of the deprived person or the public. As it pertains to buildings granted variances to be constructed below the elevation required by the building code, future owners or tenants of such buildings and the community as a whole may bear the burden of increased risk of damage from floods, increased cost of flood insurance, and increased recovery costs, inconvenience, danger, and suffering.
“Functionally dependent use” means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding or ship repair facilities. The term does not include long-term storage, manufacture, sales or service facilities. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed walls or foundation of a structure. "Historic structure" means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on the inventory of historic places maintained by the California Office of Historic Preservation; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by the California Office of Historic Preservation.
“Letter of Map Change (LOMC)” means an official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
(1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area.
(2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.

Agenda Item #5.2:

18 (3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations.
(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. “Light-duty truck” means, as defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or
(2) Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or
(3) Available with special features enabling off-street or off-highway operation and use. “Lowest floor” means the lowest floor of the lowest enclosed area, including basement, but excluding any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the building codes. [Also defined in CCR Title 24 Part 2.]
“Manufactured home” means a structure that is transportable in one or more sections, built on a permanent chassis, designed for use as a single-family dwelling with or without a permanent foundation when connected to the required utilities, and constructed to the Manufactured Home Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development. Also see definitions in Health and Safety Code sections18000.(a)(2) and 18001.(a). For the purposes of floodplain management, the term also includes mobile homes and recreational vehicles, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. “Market value” means the price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by one of the following methods: (1) Actual Cash Value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or (3) a qualified independent appraiser.
"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the Agenda Item #5.2:

19 construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after July 11, 1966.
"Nuisance" means that which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. “Permit for floodplain development” means an official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specified development activities that are located in flood hazard areas and that are determined to be compliant with these regulations.
“Recreational vehicle” means a vehicle that is built on a single chassis, 400 square feet (37.16 m2
) or less when measured at the largest horizontal projection, designed to be selfpropelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use when it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. Also see definitions in Health and Safety Code section 18010.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Special flood hazard area (SFHA)" means the land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE, or V1-30. [Also defined in CCR Title 24 Part 2.] “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. [Also defined in CCR Title 24 Part 2.]
“Substantial improvement” means any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. When the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: [Also defined in CCR Title 24 Part 2.]
(1) Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.
(2) Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure. “Utility and Miscellaneous Group U” means buildings and structures of an accessory character and miscellaneous structure not classified in any special occupancy, as described in the building code.
“Variance” means a grant of relief from the requirements of these regulations which permits construction in a manner otherwise prohibited and where specific enforcement would result in exceptional hardship.

Agenda Item #5.2:

20 “Violation” means a development that is not fully compliant with these regulations or the flood provisions of the building code, as applicable.
“Watercourse” means a river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.

PART III. – FLOOD RESISTANT DEVELOPMENT
ARTICLE 10 BUILDINGS AND STRUCTURES

14.25.490 Requirements for buildings and structures in flood hazard areas. Applications for building and structures within the scope of the building code that are proposed in flood hazard areas shall comply with the applicable requirements of the building code as adopted and amended by the City of Sonoma.

14.25.500 Detached garages and accessory storage structures. Detached garages and accessory storage structures used only for parking or storage are permitted below the base flood elevation provided the garages and accessory storage structures:
(A) Are one story and not larger than 600 square feet in area when located in special flood hazard areas.
(B) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.
(C) Have flood openings in accordance with the building code. (D) Have flood damage-resistant materials used below the base flood elevation. (E) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation.

14.25.510 Utility and Miscellaneous Group U. Utility and miscellaneous Group U includes buildings that are accessory in character and miscellaneous structures not classified in any specific occupancy in the building code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, fences more than 6 feet (1829 mm) high, grain silos (accessory to a residential occupancy), greenhouses, livestock shelters, private garages, retaining walls, sheds, stables, and towers. In addition to the building code requirements for fire and life safety, the following shall apply to utility and miscellaneous Group U buildings and structures in flood hazard areas:
(A) New construction and substantial improvement of such buildings and structures shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions of the design flood. (B) New construction and substantial improvement of such buildings and structures, when fully enclosed by walls, shall be elevated such that the lowest floor, including basement, is elevated to or above the design flood elevation in accordance with ASCE 24 or shall be dry floodproofed in accordance with ASCE 24. (C) Unless dry floodproofed, fully enclosed areas below the design flood elevation shall be constructed in accordance with ASCE 24 and limited to parking, storage, and building access.
(D) When fully enclosed by walls, flood openings shall be installed in accordance with ASCE 24.

Agenda Item #5.2:

21 (E) Flood damage-resistant materials shall be used below the design flood elevation. (F) Mechanical, plumbing and electrical systems, including plumbing fixtures, shall be located or installed in accordance with ASCE 24.

ARTICLE 11 SUBDIVISIONS

14.25.520 Minimum requirements. Subdivision proposals in flood hazard areas, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that:
(A) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding.
(B) All public utilities and facilities, such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage in accordance with Section 14.25.550 and Section 14.25.560 of these regulations, as applicable, and appropriate codes.
(C) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.

14.25.530 Subdivision requirements. In addition to the requirements of Section 14.25.520 of these regulations, where any portion of proposed subdivisions, including proposals for manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:
(A) The flood hazard area, including floodways, as appropriate, shall be delineated on preliminary subdivision plats.
(B) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 14.25.270(A) of these regulations. (C) When, as part of a proposed subdivision, fill will be placed to support buildings, the fill shall be placed in accordance with the building code and approval of the subdivision shall require submission of as-built elevations for each filled pad certified by a licensed land surveyor or registered civil engineer.

ARTICLE 12 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS

14.25.540 Minimum requirements. All proposed development in flood hazard areas shall be reviewed to determine that:
(A) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding.
(B) Where the proposed development has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations are in accordance with Section 14.25.270(A) of these regulations. (C) All public utilities and facilities, such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage. (D) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.

Agenda Item #5.2:

22 14.25.550 Sanitary sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems.

14.25.560 Water supply facilities. All new and replaced water supply facilities shall be designed in accordance with the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwaters into the systems.

14.25.570 Development in floodways. Development, site improvements and land disturbing activity involving fill or regrading shall not be authorized in the floodway unless the floodway encroachment analysis required in Section 14.25.280(A) of these regulations demonstrates the proposed work will not result in any increase in the base flood level during occurrence of the base flood discharge.

14.25.580 Limitations on placement of fill. Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures, fill shall comply with the requirements of the building code. The placement of fill intended to change base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs shall be subject to the requirements of Section 14.25.290 of these regulations.

ARTICLE 13 INSTALLATION OF MANUFACTURED HOMES

14.25.590 Installation. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to the Business and Professions Code and shall comply with the requirements of the Department of Housing and Community Development (HCD) and the requirements of these regulations. In addition to permits pursuant to these regulations, permits from the HCD are required where the HCD is the enforcement agency for installation of manufactured homes. Upon completion of installation and prior to the final inspection by the Floodplain Administrator, the installer shall submit certification of the elevation of the manufactured home, prepared by a licensed land surveyor or registered civil engineer, to the Floodplain Administrator.

14.25.600 Foundations. All new and replacement manufactured homes, including substantial improvement of manufactured homes installed in flood hazard areas, shall be installed on permanent, reinforced foundations that are designed in accordance with the foundation requirements of Section R322.2 of the residential code (CCR Title 24 Part 2.5) and these regulations. Foundations for manufactured homes subject to Section 14.25.630 of these regulations are permitted to be reinforced piers or other foundation elements of at least equivalent strength.

14.25.610 Anchoring. All new and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Methods of anchoring are authorized to include, but are not limited to, use of over-the-top or frame ties to ground anchors.

This requirement is in addition to applicable State and local anchoring requirements for resisting wind loads and seismic loads.

Agenda Item #5.2:

23 14.25.620 General elevation requirement. Unless subject to the requirements of Section

14.25.630 of these regulations, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated such that the lowest floor, or bottom of the lowest horizontal member of the lowest floor, as applicable to the flood hazard area, is at or above the base flood elevation.

14.25.630 Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 14.25.620 of these regulations, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as a result of flooding has occurred, shall be elevated such that either the:
(A) Lowest floor, or bottom of the lowest horizontal structural member, as applicable to the flood hazard area, is at or above the base flood elevation. (B) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade.

14.25.640 Flood damage-resistant materials. Materials below elevated manufactured homes shall comply with the flood-damage resistant materials requirements of Section R322 of the residential code (CCR Title 24 Part 2.5).

14.25.650 Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the enclosed area requirements of Section R322 of the residential code (CCR Title 24 Part

2.5).

14.25.660 Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the lowest floor or bottom of the lowest horizontal structural member of the manufactured home, as applicable to the flood hazard area.

Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Section 14.25.620 or Section 14.25.630, as applicable, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

ARTICLE 14 RECREATIONAL VEHICLES

14.25.670 Temporary placement. Recreational vehicles in flood hazard areas shall be placed on a site for less than 180 consecutive days or shall be fully licensed and ready for highway use. Ready for highway use means the recreational vehicle is on wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, such as rooms, stairs, decks and porches.

14.25.680 Permanent placement. Recreational vehicles that do not meet the limitations in Agenda Item #5.2:

24 Section 14.25.670 for temporary placement shall meet the requirements of Article 13 for manufactured homes.

ARTICLE 15 OTHER DEVELOPMENT

14.25.690 General requirements for other development. All development, including manmade changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the building code, shall:
(A) Be located and constructed to minimize flood damage. (B) Meet the limitations of Section 14.25.570 of these regulations when located in a regulated floodway.
(C) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.
(D) Be constructed of flood damage-resistant materials. (E) Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of the building code for wet locations.

14.25.700 Tanks. Tanks that serve buildings shall comply with the requirements of the building code. Underground and above-ground tanks that serve other purposes shall be designed, constructed, installed and anchored in accordance with ASCE 24.

14.25.710 Requirements for temporary structures and temporary storage in flood hazard areas. Temporary structures shall be erected for a period of less than 180 days and temporary storage of goods and materials shall be permitted for a period of less than 180 days. Extensions may be granted in accordance with Section 14.25.230 of these regulations. In addition, the following apply:
(A) Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of flood waters.
(B) Temporary stored materials shall not include hazardous materials. (C) The requirements of Section 14.25.570 of these regulations, when located in floodways.

14.25.720 Fences in floodways. Fences in floodways that have the potential to block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 14.25.570 of these regulations.

14.25.730 Oil derricks. Oil derricks located in flood hazard areas shall be designed in conformance with flood loads required by the building code.

14.25.740 Retaining walls, sidewalks and driveways in floodways. Retaining walls and sidewalks and driveways that involve placement of fill in floodways shall meet the limitations of Agenda Item #5.2:

25 Section 14.25.570 of these regulations and the requirements for site grading in Chapter 18 of the building code.

14.25.750 Roads and watercourse crossings in floodways. Roads and watercourse crossings that encroach into floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side shall meet the limitations of Section 14.25.570 of these regulations. Alteration of a watercourse that is part of work proposed for a road or watercourse crossing shall meet the requirements of Section 14.25.280(C) of these regulations.

14.25.760 Swimming pools. Above-ground swimming pools, on-ground swimming pools, and in-ground swimming pools that involve placement of fill in floodways shall meet the requirement of Section 14.25.570 of these regulations.

ARTICLE 16 FLOOD CONTROL PROJECTS

14.25.770 Flood control projects; general. In addition to applicable Federal, State and other local permits, a permit for floodplain development is required for construction of flood control projects. The purpose for the permit is to examine the impact on flood hazard areas, floodways, and base flood elevations shown on the FIRM. Unless otherwise authorized by separate regulations, issuance of this permit does not address the sufficiency of the structural elements of the proposed flood control project. Permits for floodplain development and building permits in areas affected by proposed flood control projects shall not be issued based on Conditional Letters of Map Revision issued by FEMA.

14.25.780 Flood control projects; applications. Applications for permits for flood control projects shall include documentation including but not limited to:
(A) Site plan or document showing the existing topography and the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations shown on the FIRM. (B) Site plan or document showing the proposed topography and the proposed changes to the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations.
(C) The documentation submitted to FEMA for a Conditional Letter of Map Revision (CLOMR) and, if issued, the Conditional Letter of Map Revision. Submittal requirements and processing fees shall be the responsibility of the applicant. A CLOMR is required when a proposed flood control project alters a floodway and increases base flood elevations more than greater than 0.00 feet or alters a watercourse a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated and increases base flood elevations more than 1.0 foot.

SECTION 3. APPLICABILITY.

For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Sonoma.

This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance.

SECTION 4. CEQA.

The City Council finds that the adoption of this ordinance is exempt from the California Agenda Item #5.2:

26 Environmental Quality Act (“CEQA”) under California Code of Regulations, Title 14 Section 15268, in that the ordinance contains nondiscretionary ministerial provisions that are therefore exempt from the requirements of CEQA. The ordinance adopts by reference standard codes that are in effect pursuant to state law and sets requirements for compliance. The adoption of this ordinance does not entitle new development or any changes to the physical environment.

SECTION 5. SEVERABILITY.

If any section, subsection, clause, sentence, word or phrase of this ordinance is for any reason held to be invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of remaining portions of this ordinance. The City Council declares that it would have passed and adopted this ordinance and each of the provisions thereof irrespective of the fact that any one or more such provisions, sections, subsections, phrases or clauses be declared invalid and/or unconstitutional.

SECTION 6. EFFECTIVE DATE.

This ordinance shall take effect thirty (30) days after the adoption of this ordinance by the City Council or on January 1, 2023, whichever is later.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Sonoma this ____ day of November, 2022.
___________________________
Mayor
ATTEST:
___________________________
Rebekah Barr, City Clerk
State of California )
County of Sonoma )
City of Sonoma )
I, Rebekah Barr, City Clerk of the City of Sonoma, do hereby certify that the foregoing ordinance was adopted on November ____, 2022 by the following vote:

AYES:

NOES:

ABSENT:

Agenda Item #5.2:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Oct 2022
Department
Planning and Community Services
Staff Contact
David A. Storer, AICP, Director, Kristina Tierney,
Associate Planner
Agenda Item Title
Discuss, Consider, and Take Possible Action to Introduce an Ordinance Amending the Sonoma Municipal Code Amending Title 19, Chapter 19.40 (General Property Development and Use Standards) to remove subjective language and establish objective standards and Finding this Action is Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) That CEQA Only Applies to Projects that have the Potential for Causing a Significant Effect on the Environment.

Summary
In recent years, the State has enacted a number of new laws to increase housing supply and affordability and reduce obstacles to housing production. Pursuant to State law the City is required to rely on objective standards for the review and approval of housing development projects. The proposed ordinance would establish objective standards for Chapter 19.40 (General Development Standards), which addresses a variety of issues including:
• Creekside development
• Exterior lighting
• Height measurement and height limit exceptions
• Hillside development
• Landscape standards
• Open space for multifamily residential projects
• Open space for commercial and mixed use projects
• Performance standards
• Screening and buffering
• Setback regulations and exceptions
• Undergrounding of utilities
• Protection of scenic vistas
The proposed ordinance was reviewed by the Planning Commission on September 15, 2022.

The Planning Commission unanimously recommended that the proposed ordinance be forwarded to City Council for introduction.

Recommended Council Action
Discuss, Consider, and Take Possible Action to Introduce an Ordinance Amending the Sonoma Municipal Code Amending Title 19, Chapter 19.40 (General Property Development and Use Standards) to remove subjective language and establish objective standards and Finding this Action is Exempt from Further Environmental Review Under the General Rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) That CEQA Only Applies to Projects that have the Potential for Causing a Significant Effect on the Environment.

Agenda Item #5.3:

Alternative Actions
Council discretion
Financial Impact
None
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Alignment with Council Goals:

Compliance with Climate Action 2020 Target Goals:

CC:
n/a
Agenda Item #5.3:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Oct 2022
Department
Development Services
Staff Contact
Wayne Wirick, Development Services
Director/Building Official
Agenda Item Title
Discussion, Consideration and Possible Action to Introduce an Ordinance Repealing Chapter

14.10 of the Sonoma Municipal Code and Reenacting a New Chapter 14.10 Adopting New Administrative Provisions and Adopting by Reference Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11 and 12 of the 2022 California Building Standards Code and Amendments Thereto Summary
The California Building Standards Code is made up of 12 parts containing various construction codes (i.e. building, residential, electrical, plumbing, mechanical, energy, green building, existing building, fire, historical structures, etc.) which are adopted in whole or in part and then amended by some 14 different State agencies. The California codes are generally published every three years by the State Building Standards Commission following the update of selected model codes by various code writing organizations. The 2019 California Building Standards Code that are currently adopted and in effect in Sonoma will become null and void effective January 1, 2023, at which time the 2022 Building Standards Code will become effective throughout California.

The new 2022 California Building Standards Code adopted by the State generally update construction requirements and add more restrictive requirements than the construction codes currently in effect.

The California Health and Safety Code allows local governments to amend building standards contained in the California Building Standards Code when the modifications are at least as stringent as what is otherwise required by the codes and provided that amendments are made with express findings of need based on local climatic, geological or topographical conditions. The mandated requirements of the California Building Standards Code do not provide fully adequate provisions for unsafe building abatement, signs, alternative housing provisions, fire sprinkler systems, fire safety, administrative requirements, green building measures and other provisions that are recommended for Sonoma as amendments to the base construction codes. This being the case, the City Council has regularly amended the codes adopted by the State to address these insufficient issues.

The suggested local amendments proposed by this ordinance are generally consistent with the direction, existing policies and construction requirements previously adopted by the City Council.

The proposed draft ordinance is shown in Attachment A in the enclosed supplemental report.

A summary of reasons for the proposed local amendments has been provided in Attachment B in the supplemental report.

A strikeout/underline version of the draft ordinance showing the revisions from the previously adopted ordinance can be viewed and downloaded from the City website at:

Agenda Item #6.1:

https://storage.googleapis.com/proudcity/sonomaca/uploads/2022/10/DRAFT-2022-CodeAdoption-Ordinance-strikethrough-101722.pdf.

The 2022 California Building Standards Code proposed for adoption and amendment is available for review at City Hall or online at https://www.dgs.ca.gov/BSC/Codes.

Recommended Council Action

1. Discuss any initial questions regarding the proposed local amendments or the adoption of the California codes.

2. Publicly read the title of the proposed ordinance and schedule a public hearing to hear the matter and possibly adopt the ordinance on November 2, 2022.

3. Direct the City Clerk to prepare a summary and carry out the special noticing procedures as required by the Government Code [GC 36933(c)(1)].

Note that the required process for adopting and amending the Building Standards Code is different from the process followed with most other City ordinances. In this case, the public hearing on the substance of the ordinance is conducted at the time of the second reading of the ordinance, rather than at the time of ordinance introduction (first reading). The action recommended for October 19th is to discuss any questions, provide any directive changes to staff and introduce the ordinance. While public comments can be taken, a public hearing must be held at the subsequent meeting (in this instance on November 2nd), at which time the ordinance would either be adopted or otherwise amended and reintroduced.

Alternative Actions

1. The City Council can direct staff to make further amendments to the proposed codes.

If further amendments are proposed after the first reading and/or the public hearing, the ordinance will need to be reintroduced at the next meeting of the Council. A second public hearing need not be held on amendments made per Council direction.

2. The City Council can choose not to adopt local amendments, in which case the unmodified version of the 2022 California Building Standards Code would stand on its own and become effective throughout the City on January 1, 2023.

Financial Impact
Each time the codes are updated (approximately every 3 years), construction costs increase as a result of the addition of more restrictive and complex requirements. The changes in the code result in an increase in the cost of providing code compliance services by increasing the need for additional training and public education as well as increasing City costs for plan review, inspection and related code enforcement services. The cost for construction also increases for project owners, contractors, developers and design professionals due to the need to learn and implement the new code requirements.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
SUPPLEMENTAL REPORT- 2022 Construction Codes Adoption - Introduction Agenda Item #6.1:

SUPPLEMENTAL STAFF REPORT
Introduction of Ordinance Repealing Chapter 14.10 of the Sonoma Municipal Code and Reenacting a New Chapter 14.10 Adopting and Amending New 2022 Construction Codes For the City Council Meeting of October 19, 2022

BACKGROUND
The California Building Standards Code is made up of 12 parts containing various construction codes (i.e. building, residential, electrical, plumbing, mechanical, energy, fire, historical structures, green building, etc.) which are adopted in whole or in part and then amended by some 14 different State agencies. The California codes are generally amended and published every three years by the State Building Standards Commission following the update of selected model codes. Pursuant to California Health and Safety Code, the California Building Standards Code is applicable to all occupancies throughout California 180 days following its publication by the California Building Standards Commission. The latest (2022) iteration of the California Building Standards Code was published in July of 2022 and will become effective throughout California on January 1, 2023. By state law, construction codes previously adopted, including those adopted by Sonoma and contained in Chapter 14.10 (Construction Codes) of the Sonoma Municipal Code, will become null and void on January 1, 2023.

The California Health and Safety Code allows local governments to amend building standards contained in the California Building Standards Code when modifications are made with express findings of need based on local climatic, geological or topographical conditions. State law dictates that amendments to the State Building Standards Code may not be less stringent than the provisions provided therein. Given that the California Building Standards Code does not provide fully adequate provisions for unsafe building abatement, signs, fire sprinkler systems, fire safety, administrative requirements, green building provisions and other provisions determined necessary for Sonoma, the City Council has regularly amended the codes adopted by the state to address these issues.

ANALYSIS
As mentioned earlier, the City’s existing construction codes become null and void for all construction permit applications submitted on or after January 1, 2023, at which time the 2022 California Building Standards Code becomes effective throughout California. The new codes generally update construction requirements and usually add more restrictive and complex requirements than the codes currently in effect, particularly as they pertain to the California Energy Code. Some examples of new code requirements adopted by the state that will affect initial construction costs and compliance enforcement costs include the following:

EXAMPLE OF SIGNIFICANT CHANGES FROM THE 2019 TO THE 2022 CODES 2022 CA Energy Code Change Highlights from 2019 Edition • Increases requirements for on-site renewable energy generation from solar PV. • Increases electric load flexibility requirements to support grid reliability.

Agenda Item #6.1:

• Revisions to the Energy Code reduces emissions from newly constructed buildings and reduces air pollution for improved public health.
• The 2022 Energy Code encourages utilization of environmentally beneficial efficient electric technologies.
• The 2022 Energy Code adds a third metric to EDR (Energy Design Rating) for New Construction called Source Energy Design Rating (EDRs). EDRs is a separate EDR metric based on hourly source energy which establishes a carbon-proxy analysis of the building in kBTU/sf-yr units to support decarbonization and electrification policy goals. • New additional mandatory requirements are added for roof deck, ceiling and rafter roof insulation.
• New mandatory requirements for new airflow, controls and verification requirements for residential kitchen range hoods.
• The 2022 Energy Code requires increased testing and reduces the allowed leakage of altered HVAC ductwork.
• New requirements for domestic water-heating systems will include required electrical infrastructure for future heat pump water heaters.
• In all new single-family residences, there will be new mandatory infrastructure requirements for being ready for the future installation of battery storage systems, also called energy storage systems (ESS).
• In new single-family residential buildings, solar PV is required. • New homes have new mandatory requirements for being ready to install electric heat pumps, space heaters, cooktops and clothes dryers.
• New minimum ventilation airflow rates for new nonresidential, hotel/motel occupancies. • New duct systems for nonresidential and hotel/motel occupancies must now be tested for air leakage.
• New and revised HVAC equipment efficiency and testing requirements for additions, alterations, and repairs to existing nonresidential and hotel/motel buildings, and to existing outdoor lighting and illuminated signs.
• Revised roof/ceiling insulation requirements for low-sloped roofs in additions, alterations, and repairs to existing nonresidential and hotel/motel buildings. • There are new partial-off occupancy sensor requirements for offices greater than 250 sq. ft.
• Secondary daylighting controls are now mandatory, and lighting in daylit non-parking lot areas must be able to reduce by at least 90%.
• All newly constructed nonresidential and hotel/motel occupancy building types specified in Table 140.10-A or mixed occupancy buildings where one or more of these building types constitute at least 80% of the floor area of the building must have a PV system meeting the minimum qualification requirements.
• Revisions have been made to allow community shared solar PV or battery systems as a tradeoff for new onsite nonresidential solar PV or battery systems.

Agenda Item #6.1:

• Higher efficiencies and higher ventilation rates are now required for HVAC equipment for nonresidential buildings.
• The 2022 CA Energy Code has been revised to separate multifamily residential requirements from nonresidential requirements for buildings. 2022 CA Residential Code (CRC) Change Highlights from 2019 Edition • A number of definitions have been added or revised to provide better clarity of terms used throughout the CRC.
• Provisions for construction with intermodal shipping containers have been added to the CRC.
• Changes have been made to coordinate wind design criteria in the CRC with the referenced engineering load standard Minimum Design Loads and Associated Criteria for Buildings and Other Structures (ASCE 7-16).
• Irregular building limitations now include hill-side light-frame construction. • The CRC has been updated to incorporate the new definition of “townhouse unit” and the revised definition of “townhouse.”. The revision will help to clarify separation requirements between townhouse units.
• A section has been added to the CRC clarifying that prescribed fire-resistance-rated separations between two dwelling units in a single building is not affected by the presence of a lot line between the units.
• The CRC now permits water-filled fire sprinkler piping to penetrate a fire-resistancerated membrane or both membranes of a through penetration without a listed firestop system provided that the annular space is filled using an approved material. • The CRC has added clarification to indicate that doors between the garage and residence must be self-latching.
• To provide flexibility in satisfying the ventilation air requirements, the code adds some options for mechanical ventilation. Local mechanical exhaust in the kitchen must be provided if natural ventilation through openable windows and doors is not provided. • The code now allows a minimum ceiling height of 6 feet 6 inches under beams spaced at least 36 inches apart.
• Emergency escape and rescue openings under decks and porches and under floor cantilevers are allowed, provided the path to the yard must have a minimum width of 36 inches and a minimum height of 36-inches.
• To satisfy surface water drainage requirements, an exterior landing serving a one- or twofamily dwelling will now be permitted to slope up to a maximum of 5 percent (as opposed to 2 percent).
• Repairs to an existing fuel-fired mechanical system now trigger the retroactive requirements for carbon monoxide alarms.
• Building-integrated photovoltaic (BIPV) systems meeting specified criteria no longer require firefighter access pathways and setbacks.

Agenda Item #6.1:

• The CRC has been modified to establish appropriate fire testing and listing criteria for overhead photo-voltaic (PV) support structures (solar shade structures) that could have people or vehicles in the space beneath them.
• Habitable attic provisions have new restrictions to limit their area and require automatic fire sprinkler system protection.
• Aging-in-place design and fall prevention requirements (e.g. Reinforcement for grab bars, electrical receptacle outlet, switch and control heights, bathroom and bedroom door widths, doorbell button height, etc.) have now been added to the CRC. • The CRC has been amended to prohibit Energy Storage Systems in habitable spaces of dwelling units.
• Existing code sections for protection from impact have been amended and new code sections have been added to the CRC to provide specific requirements for vehicle impact protection for Energy Storage Systems and protection options within a garage. • A new CRC section was added to clarify that roofs of accessory buildings that are required to be built from noncombustible materials shall meet certain fire-resistive requirements.
• Thicker vapor retarders (10 mil vs. 6 mil) are now required below slabs-on-grade. • New specific requirements for deck guards have been added to the CRC. • The CRC has been revised and now clarifies the requirements for braced wall lines. • The CRC has been revised and now clarifies wall bracing requirements for stone and masonry veneer installed above the first floor.
• All garage doors must have a permanent label identifying wind pressure ratings and other information.
2022 CA Building Code (CBC) Change Highlights from 2019 Edition\ • A number of definitions have been added or revised to provide better clarity of terms used throughout the CBC.
• Energy storage systems and water/sewer treatment activities have been added to the listing of Group F-1 occupancies. [306.2]
• A mandate for a sloping floor in the vehicle areas of parking garages has been reinstated in the CBC for those garages classified as Group S-2 occupancies. [406.2.4] • The scoping limitations of a fire wall’s use to create separate buildings have been expanded through a new allowance for the number of control areas permitted. [414.2.3] • Where domestic cooking facilities are provided in ambulatory care facilities, conditions addressing the installation of the cooking appliances have now been established to address any fire concerns. [422.7]
• The interior finish materials of play structures are now regulated for flame spread purposes. In addition, the scoping provisions have been modified to include larger structures, and the requirements are no longer limited to play structures for children’s use. [Section 424 - Play Structures]
Agenda Item #6.1:

• The contents of Section 455.2 related to Large Family Day-Cares were repealed and replaced with the language as required by Senate Bill 234 as contained within Health and Safety Code 1597.45 and 1597.46. [455.2.]
• The proper approach to dealing with occupied roofs from the perspectives of building height, number of stories and installation of occupant notification features has been further clarified for a more consistent application of the code’s intent. [503.1.4] • New construction types (Types IV-A, IV-B and IV-C) are defined based upon the varying percentages of mass timber surfaces that are permitted to be unprotected. [602.4.1– 602.4.3]
• Additional new construction parameters related to enclosures for energy storage systems have been introduced in the CBC to supplement the California Fire Code (CFC). [707.4, 716]
• Provisions have been added to the CBC for labeling and performance requirements for fabric fire-protective curtain assemblies. [716.4]
• Appropriate opening protection is now addressed where two doors are used to protect a single opening, such as between adjacent hotel rooms or where a double fire wall is constructed. [Table 716.1(2)]
• Specific fire damper access requirements have been established, including an allowance for remote inspection where access cannot be provided. [717.4] • A new CBC requirement imposes a sprinkler requirement for both the manufacturing and bulk storage of distilled spirits. [903.2.4.2,903.2.9.3] • An automatic sprinkler system must now be installed in an open parking garage (excluding garages for R-3 residential occupancies) where a specific fire area or height threshold is exceeded. [903.2.10]
• The maximum building height where an NFPA 13R sprinkler system is permitted has been reduced. [903.3.1.2]
• The standpipe requirements for both open and enclosed parking garages (excluding garages for R-3 residential occupancies) have been modified impacting the type of system, the threshold heights, and the necessary water supply. 905.3.1 • The State Fire Marshal has revised the required locations of smoke detectors in R-2, R2.1, R-2.2, R-3, R-3.1, R-4 and R-4.1. [907.2.11.8] • The minimum illumination level for both exit and exit access stairways has been increased from 1 foot-candle to 10 foot-candles. [1008.2.1] • The maximum width for a swinging door is no longer regulated and a consolidated exception now allows for reduced door sizes where serving single-user showers, saunas and toilet compartments, as well as dressing, fitting and changing rooms. [1010.1.1] • The minimum required floor area of an efficiency dwelling unit has been reduced from 220 square feet to 190 square feet, and a definition of an efficiency dwelling unit has been added. [1208.4]
• The CBC has been revised to require that public restrooms be visually screened from outside entry or exit doorways to ensure user privacy within the restroom. This provision shall also apply where mirrors would compromise personal privacy. [1210.3] Agenda Item #6.1:

• Vapor retarder provisions have been reorganized and thresholds clarified for when a vapor retarder is required and which retarder is required as well as location and climate zone requirements. [1404.3]
• Parapets of a minimum height are now required for aggregate-surfaced roofs to prevent blow-off. [1504.9]
• Concrete slabs on ground must now be designed for uplift due to soil expansion and water pressure in areas prone to soil movement or a shallow water table. [1610.2] • Specific requirements have been added to address wood truss member diagonal bracing and restraint. [2303.4.1.2]
• Special event structures, newly defined in Section 202, are now included in the types of temporary structures that are regulated by both the California Building Code (CBC) and the California Fire Code (CFC). [3103.1]
• The State Fire Marshal has added new requirements to establish appropriate fire testing and listing criteria for overhead photovoltaic support structures that could have people or vehicles in the space beneath them. [3111.3.5]
• The use of intermodal shipping containers as buildings and structures is now recognized in the CBC, and criteria have been established to address the minimum safety requirements without duplicating existing code provisions. [3115] 2022 CALGreen Code Change Highlights from 2019 Edition
• Residential Mandatory Measures. The code will now provide specific requirements for new Electric Vehicle Charging for new multi-family dwelling construction with less than 20 dwelling units, and for those with more than 20 dwelling units. It requires the infrastructure for future Electric Vehicle Supply Equipment (EVSE) Level 2 Chargers and more.
• Non-Residential Mandatory Measures – Division 5.1 Planning and Design. The code will now provide specific Electric Vehicle Supply Equipment (EVSE) infrastructure for future Level 2 Chargers for warehouses, grocery stores, and retail stores. • Residential Tier 1 - Division A4.1 Planning and Design. A significant change has been made to the Electric Vehicle (EV) ready requirements for new multi-family development projects and hotels and motels to require 35% (from 15%) of the total parking spaces be EV ready.
• Residential Tier 1 – Division A5.1 Planning and Design. 35 percent of the total number of parking spaces must be designated for any combination of zero-emitting, fuel-efficient and carpool/ van pool vehicles. This Tier 1 requirement has jumped from 10% to 35%. 2022 CA Electrical Code (CEC) Change Highlights from 2019 Edition • The CEC has been modified to expand requirements for Ground Fault Circuit Interrupter (GFCI) protection.
• The disconnecting means now requires the identification of the source that supplies the circuit disconnecting means.

Agenda Item #6.1:

• There are new requirements for the number and location of receptacles for kitchen islands and peninsula counters.
• A new requirement for one- and two-family dwelling units to have an emergency electrical disconnect installed in a readily accessible exterior location was added. • A new subsection addresses first responder access to remotely located electrical disconnects. When a remote sign disconnect is installed, it must be in a location that is readily accessible to firefighters and service personnel and clearly marked to identify what the disconnect controls.
• Surge protection devices are now required on all new and replacement electrical services. • The prohibited locations for receptacles in bathrooms has been expanded and a new exception was added to permit the installation of receptacles in small bathrooms. • Special Provisions for Horticultural Lighting: A new Part was added that specifically addresses the unique requirements for what is now becoming better known as “grow” facilities.
• GFCI protection of motors was expanded, and a new subsection requires GFCI protection to be provided for existing pump receptacles when replacing a pool pump motor. • Fountains — Grounding and Bonding: The title and sections for the bonding and grounding of “Fountains,” have been combined, expanded, clarified, and relocated to better include bonding as well as grounding requirements. • Optional Standby Systems ― Meter-Mounted Transfer Switches: A new paragraph was added to address the use of meter-mounted transfer switches. 2022 CA Mechanical Code (CMC) Change Highlights from 2019 Edition • New guards and rails requirements have been added for the installation of equipment and appliances on roofs.
• New (environmentally friendly) A2L refrigerants requirements have been added for human comfort and machinery room applications.
• New ventilation requirements have been added for transient and nontransient occupancies.
• New ventilation requirements have been added for indoor air quality for residential occupancies.
• Revisions to the requirements have been added for air ducts, including factory-made air ducts and dampers.
• New provisions for factory-built grease ducts have been added. • New provisions have been added for refrigeration systems, including pressure-limiting devices and hydrostatic expansion.
• Revisions have been made to the sizing requirements for natural gas and propane piping systems.
• Modifications to the pressure rating requirements for hydronic piping applications have been added.

Agenda Item #6.1:

• New requirements have been added for fuel gas piping appliance shutoff valves, test pressure, and overpressure protection devices.
• New tube fastener provisions have been added for radiant heating and cooling. • New requirements for residential Compressed Natural Gas (CNG) fueling systems have been added.
• New fire-extinguishing equipment and carbon monoxide detection requirements for exhaust systems have been added.
2022 CA Plumbing Code (CPC) Change Highlights from 2019 Edition • A number of definitions have been added or revised to provide better clarity of terms used throughout the code.
• New provisions have been added for group wash fixtures and how to calculate the required number of fixtures.
• Where there is a shower without a threshold, the floor space within the same room shall be considered a wet location and shall comply with the requirements of the CA Building Code, CA Residential Code & CA Electrical Code requirements. • There are new CPC requirements for temperature limiting devices in showers, tubs and whirlpool baths.
• The CPC has clarified requirements for calculation indoor and outdoor combustion air. • New guards and rails requirements have been added for installation of equipment and appliances on roofs.
• New requirements for prefabricated shower enclosures have been added. • New requirements have been added for lavatory assemblies with automatic soap dispensers, faucets, or hand dryers.
• New CPC requirements have been added for the discharge of temperature and pressure relief valve piping.
• The CPC clearances for through-the-wall direct-vent terminals have been modified. • In occupancies where plumbing fixtures are installed for public use, the CPC now requires hot water for bathing and washing purposes.
• The code now requires that all systems that circulate water by means of a pump or other mechanical device, or method shall have a check valve(s) or equal device(s) installed so as to ensure the direction of flow.
• The code now requires that the discharge termination point for discharge piping serving a temperature relief valve shall be readily observable.
• New drinking water treatment unit requirements have been added for commercial equipment, alkaline water treatment, and scale-reduction devices. • The CPC now allows a 1-1/2” trap and trap arm for bathtub to shower retrofit with a maximum shower size of 36” in width and 60” in length.
• CPC Table 703.2 has been revised to allow more fixtures per pipe section. • Updated and expanded circuit vent provisions have been added.

Agenda Item #6.1:

• New clarifications have been added to clarify the uses where grease interceptors are required.
• There are new CPC requirements for gas overpressure protection devices • There are new requirements for rainwater diversion valves. • Rainwater catchment systems for collecting precipitation from rooftops must now comply with ARCSA/ASPE 63.
2022 CA Existing Building Code (CEBC) Change Highlights from 2019 Edition • No significant / noteworthy changes
2022 CA Fire Code (CFC) Change Highlights from 2019 Edition • There are new requirements for Lithium-ion and Lithium batteries to include additional permitting and a new section to address safety requirements, as well as associated sections in Chapter 4.
• The California State Fire Marshal repealed several California amendments and adopted 2021 International Fire Code (IFC) model code language for automatic sprinkler systems, energy storage systems, explosion control, venting, and gas detection systems. • Major amendments were made to requirements for compliance with updated NFPA 72 standards in model code regarding solar photovoltaic power systems, portable fire extinguishers and gas detection systems.
• Adjustments and revisions to address maintenance requirements for fire escapes that have been relocated to Section 1032.
• Repealed, renumbered, amended and carried forward existing amendments in Chapter 12 to adopt updated 2021 IFC model code language associated with Energy Storage Systems.
• There are new requirements regarding specific appliances, Energy Storage System equipment and devices that need protection from impact in a clearly defined area in residential garages and carports.
• There are new requirements for zones in which a typical residential garage Energy Storage System installation would trigger the need for impact protection, following prescriptive barrier and post designs.
• Reference to Title 19 regulations regarding vehicle parking near tents were eliminated. • There are new requirements requiring the tent manufacturer to provide the documentation permitting use of water filled vessels for anchoring and securing their tents. • There are new requirements requiring basic design and safety criterion in accordance with ASTM F2374 for inflatable amusement devices also known as “bounce houses.” • IFC Chapter 38 has been omitted in its entirety to correlate with the California Building Code and amendments regarding the Group L occupancy.
• Language has been added to grant authority to local fire officials to require building owners to provide a fire protection plan to mitigate the wildfire hazards that may exist based on a project-specific wildfire hazard assessment that includes considerations of location, topography, aspect, and climatic and fire history. The fire protection plan will Agenda Item #6.1:

address fire department access, egress, road and address signage, water supply, fuel reduction and defensible space requirements in accordance with the California Public Resources Code.
• New amendment establishes requirements for local agencies to provide information to the public regarding the identification of very high fire hazard severity zones (VHFHSZ) within a 30-day period. Other new requirements in this subsection address local agency responsibilities and duties to develop fire severity zone maps accessible to the general public, as well as requirements to designate by ordinance VHFHSZ. • New amendments associated with vegetation management have been added including additional requirements for the development, identification and maintenance of the vegetation management zones adjacent to structures, as well as design criteria for specific types of fire-resistant and non-fire-resistant vegetation. • New code sections have been added to comply with AB 2911 (Chapter 641, Statutes of 2018) which requires a survey of local governments every five years to identify existing subdivisions in the state responsibility area (SRA) or VHFHSZ without a secondary egress route. Subsections authorize the Board of Forestry and SFM-specified local government bodies to make recommendations to include creating secondary access or access road improvements, among other options.
• There is a new requirement for General Plan Safety Element - to comply with AB 2911 (Chapter 641, Statutes of 2018) which requires cities and counties to adopt a comprehensive general plan with various elements including a safety element for protection of the community from unreasonable risks associated with various hazards, including wildfires.
• Several referenced standards have been amended to correlate with model code revisions and new California amendments.

HIGHLIGHTS OF NEWLY PROPOPSED LOCAL AMENDEMNTS TO THE 2022 CODES The amendments proposed by the proposed ordinance are consistent with the existing policies or construction requirements previously adopted by the City Council. It is recommended that local amendments proposed for the 2022 California Building Standards Code are adopted so that the effective date of the proposed amendments corresponds with the January 1, 2023, effective date of the code. The highlights of the newly proposed local amendments (not previously amended) are as follows:

Administrative Provisions
• The administrative provisions have been revised to:
a. Make grammatical and editorial changes to clarify the meaning of various provisions;
b. Clarify the application and scope of the technical codes; c. Added a definition for “permit valuation” to clarify what is included in the permit valuation.
d. Modified the application and references to the City’s Flood Hazard Mitigation Regulations (Sonoma Municipal Code Chapter 14.25).

Agenda Item #6.1:

e. Clarified that accessory buildings used as habitable space, workshops, studios, offices, pool houses, guest rooms, mechanical or equipment rooms, or other rooms or spaces commonly occupied or used to shelter installed mechanical equipment require a building permit.
f. Clarified the process for issuance of a Certificate of Occupancy to reflect current practices.
g. Added procedures for issuance of stop work orders where an emergency exists. h. Clarified that in addition to penalties, investigation fees apply when there is a failure to comply with a stop work order.
2022 California Building Code
• Revised Section 1612.3 of the code to reference the engineering report entitled "The Flood Insurance Study for the County of Sonoma and Incorporated Areas," dated July 19, 2022 (fifth revision), as amended or revised with the accompanying Flood Insurance Rate Maps (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. This help to bring the City’s Flood Hazard Management Regulations into conformance with FEMA requirements.
2022 California Residential Code
• Added climatic and geographic design criteria to table R301.2 as needed for the City of Sonoma.
• Deleted the requirement to provide structural independence for townhouse units. The Residential Code has clarified ambiguities related to townhouse units and no longer requires structural independence for townhouse units.
• To conform with the requirements of CA Government Code 65852.22(a)(3), eliminate the requirement for a fire-rated wall or floor assembly between a dwelling unit and a Junior Accessory Dwelling Unit by adding Exception 3 to section R302.3. • Clarified the requirements for the installation of fire sprinklers in new Accessory Dwelling units to comply with Government Code Section 65852.2. 2022 California Electrical Code
• No significant new changes to the 2022 California Electrical Code from the previously adopted local amendments.
2022 California Mechanical Code
• Added the requirements of new Appendix C (Installation and Testing of Oil (Liquid) Fuel-Fired Equipment).
2022 California Plumbing Code
• Added the information contained in new Appendix B (Explanatory Notes on Combination Waste and Vent Systems)
• Added the option of using of Appendix J (Combination of Indoor and Outdoor Combustion and Ventilation Opening Design)
Agenda Item #6.1:

2022 California Fire Code
• The Fire Chief is proposing to re-enact previously adopted local amendments to the California Fire Code that are generally consistent with amendments adopted by Sonoma County. Significant newly proposed local amendments to the 2022 California Fire Code include the following:
a. Amend the definition of REMODEL – This amendment raises the financial trigger that causes property owners to install a new fire sprinkler system within a structure that is being remodeled. The trigger for requiring fire sprinkler systems when remodeling residential occupancies was raised from $100,000 dollars to $150,000.00. For the remodeling of all other occupancies the trigger was raised from $150,000 dollars to $200,000.
b. Amend Section 101.1 to create a tile for this document “City of Sonoma Fire Code”
c. Section 101.6 added to create a policy manual used as further instruction and interpretation for this code;
d. Amend Section 103.1 to name the Sonoma Valley Fire District Prevention Bureau and naming them the fire code official;
e. Add a new Subsection 105.1.1.1 that points to the Sonoma Valley Fire District’s adopted fee schedule;
f. Amend Subsection 105.5.54 to remove some prior permit requirements that are no longer needed and adding a requirement for permitting stationary fuel cell power systems.
g. Amend Subsection 105.6.25 to require a construction permit for gates across fire apparatus access roads. This ensures when new gates are installed they will not impede the ability for the fire department to gain access to mitigate emergencies; h. Amend Subsection 308.1.6.3 to ban the use of candle powered (open flame) sky lanterns from being released within the City;
i. Add section 901.12. Defining a hearing for building owners who receive a notice of nuisance alarms. This relates to fire alarm systems who are activating inappropriately and causing unfounded incidents within the city limits; j. Amend Section 903.2 to modify and clarify some exceptions to having to install fire sprinklers, most notably when a building owner is remodeling to accommodate ADA access, this work will not be considered when determining if fire sprinklers will be required;
k. Add a new Subsection 903.2.10.3 requiring a more robust fire sprinkler system be installed in new public parking garages. These new design standards will afford additional protection when vehicles powered by Lithium, Lithium-ion and other batteries containing combustible electrolyte are to be parked within the structure.

These batteries sustain fires that are very difficult to contain and control; l. Add a new Subsection 905.3.12 is added to reduce the distance between connections for the fire department to use (standpipes) to fight fires in public parking garages where vehicles powered by Lithium, Lithium-ion and other batteries containing combustible electrolyte are to be parked. These batteries sustain fires that are very difficult to contain and control; Agenda Item #6.1:

m. Add Subsection 907.1.6 to require new fire alarm systems be UL certified, this certification ensures safe, tested, and stable equipment is used to protect structures within the city;
n. Add Subsection 907.1.6.1 to require this UL certification (see item l. above) is posted at the newly installed fire alarm panel;
o. Add subsection 910.2.3 that will require a mechanical smoke removal system in parking garages to ensure smoke and toxic gasses are removed to the exterior during a fire event. This will add additional protection to the occupants and first responders
p. Add sections 3315.3 & 3314.4 requiring multiple story buildings to partially install fire sprinklers or partially demolish fire sprinklers as construction and demolition occur. This will not affect many properties within the City of Sonoma as we restrict total building height to 3 stories;
q. Added and amended multiple sections and subsections within Chapter 39 of the California Fire Code. This chapter regulates plant processing and extraction as would be seen in the processing of marijuana. At this time the City of Sonoma does not allow this activity within the City Limits. In summary these amendments would provide for additional safety measures related to these activities. Amend Subsection 903.2 to take advantage of new technology designed to assure that fire department connections are useable when necessary;
r. Amend section 5806.2 that will limit and regulate the storage of cryogenic fluids as related to the City’s land use and zoning standards; s. Add section 6104.2 to regulate the storage of propane in coordination with the City’s land use and zoning standards;
t. Add Subsection to the referenced standard NFPA13d-2022 6.2.3.4 to require pumps for fire sprinklers be well ventilated and protected from weather; u. Add a new Subsection to the referenced standard NFPA13d-2022 6.2.3.4 to require a test valve be installed on residential sprinkler systems to ensure the pipes can be flushed properly to reduce contaminants from glue reentering the City’s water supply.
2022 California Green Building Code (CALGreen)
• No significant new local changes to the 2022 CA Green Building Code. Staff is recommending the mandatory enforcement of Tier 1 requirements excluding energy provisions as previously adopted by the City Council.
2022 California Existing Building Code
• No significant new changes to the 2022 California Existing Building Code from the previously adopted local amendments.

A summary of reasons for proposed local amendments can be found in Attachment B.

Amendments identified as [NEW] on Attachment B represent those local amendments that substantially differ from the local amendments previously adopted by the City Council.

Agenda Item #6.1:

The proposed ordinance has been reviewed by the City Attorney’s office.

The 2022 Triennial Edition of the codes (Title 24) proposed for adoption (without amendments) are available for review at City Hall or online at https://www.dgs.ca.gov/BSC/Codes .

A strikeout/underline version of the draft ordinance showing the revisions from the previously adopted ordinance can be viewed and downloaded from the City website at:
https://storage.googleapis.com/proudcity/sonomaca/uploads/2022/10/DRAFT-2022-CodeAdoption-Ordinance-strikethrough-101722.pdf .

FINANCIAL IMPACT
Each time the codes are updated (approximately every 3 years), construction costs increase as a result of the addition of more restrictive and complex requirements. The changes in the code result in an increase in the cost of providing code compliance services by increasing the need for additional training and public education as well as increasing City costs for plan review, inspection and related code enforcement services. The cost for construction also increases for project owners, contractors, developers and design professionals due to the need to learn and implement the new code requirements.

RECOMMENDATION

1. Discuss any initial questions regarding the proposed local amendments or the adoption of the California codes.

2. Publicly read the title of the proposed ordinance and schedule a public hearing to hear the matter and possibly adopt the ordinance on November 2, 2022.

3. Direct the City Clerk to prepare a summary and carry out the special noticing procedures as required by the Government Code [GC 36933(c)(1)].

Note that the required process for adopting and amending the Building Standards Code is different from the process followed with most other City ordinances. In this case, the public hearing on the substance of the ordinance is conducted at the time of the second reading of the ordinance, rather than at the time of ordinance introduction (first reading). The action recommended for October 19th is to discuss any questions, provide any directive changes to staff and introduce the ordinance. While public comments can be taken, a public hearing must be held at the subsequent meeting (in this instance on November 2nd), at which time the ordinance would either be adopted or otherwise amended and reintroduced.

ALTERNATIVES

1. The City Council can direct staff to make further amendments to the proposed codes. If further amendments are proposed after the first reading and/or the public hearing, the ordinance will need to be reintroduced at the next meeting of the Council. A second public hearing need not be held on amendments made per Council direction.

Agenda Item #6.1:

2. The City Council can choose not to adopt local amendments, in which case the unmodified version of the 2022 California Building Standards Code would stand on its own and become effective throughout the City on January 1, 2023.

ATTACHMENTS
• Attachment A - Draft Ordinance Repealing and Reenacting a New Chapter 14.10 (Construction Codes) of the Sonoma Municipal Code.
• Attachment B - Summary of Reasons for Local Amendments to the State Building Standards Code
Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance

CITY OF SONOMA
ORDINANCE NO. XX-2022
AN ORDINANCE OF THE CITY OF SONOMA REPEALING CHAPTER 14.10 OF THE

SONOMA MUNICIPAL CODE IN ITS ENTIRETY AND REENACTING A NEW CHAPTER

14.10, ADOPTING NEW ADMINISTRATIVE PROVISIONS AND ADOPTING BY REFERENCE PARTS 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11 AND 12 OF THE 2022 CALIFORNIA BUILDING STANDARDS CODE AND AMENDMENTS THERETO.

THE CITY COUNCIL OF THE CITY OF SONOMA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1.

Chapter 14.10, Construction Codes, of the Sonoma Municipal Code enacted through Ordinance 06-2019 is hereby repealed in its entirety and reenacted to read as follows:

Chapter 14.10

CONSTRUCTION CODES
Sections:

14.10.005 Findings.

14.10.010 Administrative Provisions.

14.10.015 Technical Codes Adopted.

14.10.020 2022 California Building Code Amendments.

14.10.025 2022 California Residential Code Amendments.

14.10.030 2022 California Electrical Code Amendments.

14.10.035 2022 California Mechanical Code Amendments.

14.10.040 2022 California Plumbing Code Amendments.

14.10.045 2022 California Fire Code Amendments.

14.10.050 2022 California Green Building Standards Code Amendments.

14.10.055 2022 California Existing Building Code Amendments

14.10.060 Board of Appeals.

14.10.065 Modification of Fee Schedules.

14.10.070 Enforcement Authority.

14.10.005 Findings.

A. The city council finds that in order to best protect the health, safety, sustainability and welfare of the citizens of Sonoma, the administrative regulations adopted herein and hereinafter referred to as the “administrative provisions” and the building standards for building construction, hereinafter referred to as the “technical codes,” and also known as the 2022 Edition of the California Building Standards Code and the California Code of Regulations, Title 24, including Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11 and 12, shall be adopted as provided herein.

B. Based on the materials presented by and the recommendations of the city’s building official and fire chief, the city council finds that it is necessary to make procedural and administrative Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
modifications and changes to the California Building Standards Code and to adopt certain appendices to the California Building Standards Code as specifically adopted in this ordinance, to provide more efficient, economical and expeditious enforcement of the building standards of the City of Sonoma, hereinafter referred to as “the City.” The city council further finds and determines that pursuant to Health and Safety Code Sections 13143.5,17958, 17958.5, 17958.7 and 18941.5 the substantive amendments to California Building Standards Code, which are adopted by this chapter, are reasonable and necessary because of local climatic, geographical, or topographical conditions and do not lessen, diminish, or change the standards set forth within the California Building Standards Code except as authorized by law.

C. This code is adopted pursuant to the authority granted by Section 7 of Article XI of the California Constitution to a county or city to make and enforce within its limits all such local, police, sanitary and other ordinances and regulations as are not in conflict with general laws. It is further adopted in conformity with the provisions of Sections 50022.1 thru 50022.10, inclusive, of the Government Code relating to adoption of codes by reference.

D. Pursuant to Health and Safety Code Section 18909(c), certain administrative provisions adopted by this chapter are procedural and administrative in nature and are not subject to the requirements of findings pursuant to Sections 17958.5, 17958.7 and 18941.5.

E. The city council hereby makes the following express findings of necessity, as applicable, for the modifications to the California Building Standards Code:

Express Finding of Necessity #1: The City's topography and terrain contain areas which are very susceptible to wildland fires, having a local climate characterized by hot, dry summers with periodic high winds which are a predominate factor in the spread of fire by burning embers that are carried by the wind to adjacent exposed areas. This is further compounded by agricultural and recreational use of lands contained within the City, as well as the open space, brush and hills that are part of and immediately adjacent to the City. These topographic and climatic conditions impact the City’s built environment, operations, public services and emergency services in such a way that their effects should be mitigated through appropriate amendments to the construction codes where practical.

Express Finding of Necessity #2: Earthquake activity represents significant potential hazards which could result in road closures, loss of housing, fires, injuries, collapsed buildings, and isolation of persons requiring assistance. Additionally, soil conditions within the City are such that liquefaction may occur during seismic activity, creating the potential for structure collapse or mudslides. There are only a limited number of thoroughfares through the City, and during periods of traffic congestion resulting from roadway obstructions, emergency services response times are increased. The City is comprised of a relatively large number of historically significant buildings which contain archaic materials and designs which present unique safety, remodeling and upgrading problems due to their age and proximity to earthquake faults. The proximity of the Rogers Creek earthquake fault, located only a few miles from the City, represents a geologic hazard that could significantly impact the public and City operations, public services, infrastructure, housing, emergency services and its economic well-being in such a way that the potential hazards should be mitigated through appropriate amendments to the construction codes where practical.

Express Finding of Necessity #3: Due to the elevation of the City in relation to sea level and periodic storms resulting in significant rainfall, flooding during the rainy season often restricts traffic, has a detrimental effect on structures, housing and their occupants and can impair emergency services’ ability to respond to life threatening emergencies. Additionally, high ground water, clay soils and the location of the “hardpan” within the City can slow rain and surface water absorption, often resulting in Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
localized ponding and flooding. These geologic and climatic conditions impact the public and the City’s operations and emergency services in such a way that their effects should be mitigated through appropriate amendments to the construction codes where practical.

Express Finding of Necessity #4: The City's climate is periodically subject to relatively dry winters, hot dry summers and droughts. The City is also subject to a combination of strong winds, low humidity and high temperatures which may lead to the shutoff of electrical power by the serving utility company, thereby negatively impacting the community and the City’s emergency services. The lack of rainfall can result in water shortages and reductions in available ground water that impact the public health, safety, and welfare of its citizens and businesses in such a way that their effects should be mitigated through appropriate amendments to the construction codes to prohibit the use of equipment or fixtures which waste water and require water conservation measures, the efficient use of potable water, including utilization of fire-resistive construction and fire protection systems to reduce the use of water for fire-fighting, and other water-saving measures.

14.10.010 Administrative Provisions.

A. Based upon the express findings of necessity #1, #2, #3 and #4 set forth in Section

14.10.005, the “administrative provisions” set forth within this chapter are hereby adopted.

B. By adoption of the administrative provisions in this chapter the city council does not intend to create, establish, or impose any mandatory duty or liability on the part of the city, its officers, employees, or any other person acting on its behalf, notwithstanding the use of “shall,” “will,” “must” or similar terms within this section. The following administrative provisions are hereby adopted and shall apply to the technical codes adopted by reference in this chapter as may be amended herein:

SECTION 101

GENERAL
101.1 Title. The provisions of Sonoma Municipal Code Section 14.10.010 shall be known as the “administrative provisions” and shall be cited as such. These administrative provisions, together with the technical codes adopted by the city council, will be referred to herein as "this code." 101.2 Scope. These administrative provisions shall serve as the administrative, organizational and enforcement rules and regulations in support of the technical codes adopted by the City which regulate the planning, design, site preparation, construction, alteration, relocation, enlargement, replacement, moving, demolition, repair, maintenance, operation, use and occupancy of buildings, structures, building service equipment and any appurtenances connected or attached to such buildings or structures within the City.

The provisions of each of the technical codes shall apply as follows:
101.2.1 California Building Code. The provisions of the California Building Code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, moving, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, may comply with either this code or the California Residential Code.
101.2.2 California Residential Code. The provisions of the California Residential Code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, moving, maintenance, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height.

Exception: The following shall be permitted to be constructed in accordance with this code where provided with a residential fire sprinkler system complying with Section R313:

1. Live/work units located in townhouses and complying with the requirements of Section 419 of the California Building Code.

2. Owner-occupied lodging houses with five or fewer guestrooms.

3. A care facility with five or fewer persons receiving custodial care within a dwelling unit.

4. A care facility with five or fewer persons receiving medical care within a dwelling unit.

5. A care facility for five or fewer persons receiving care that are within a single-family dwelling.
101.2.3 California Electrical Code. The provisions of the California Electrical Code shall apply to the installation, alterations, repairs and replacement of electrical systems, including but not limited to, electrical wiring, equipment, appliances, fixtures, devices, fittings and/or appurtenances, and other electrical-related systems, materials, parts or components.
101.2.4 California Mechanical Code. The provisions of the California Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including but not limited to, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, airconditioning and refrigeration systems, commercial kitchen equipment, incinerators and other energy systems.

The provisions of the California Mechanical Code shall also apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.

Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
101.2.5 California Plumbing Code. The provisions of the California Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including but not limited to, equipment, appliances, fixtures, fittings and appurtenances, and other equipment where connected to a water or sewage system and all aspects of a medical gas system.
101.2.6 California Energy Code. The provisions of the California Energy Code shall apply to all matters governing the design and construction of buildings for energy efficiency. 101.2.7 California Historical Building Code. The provisions of the California Historical Building Code shall apply to the preservation, restoration, rehabilitation, relocation or reconstruction of buildings or properties designated as qualified historical buildings or properties. 101.2.8 California Fire Code. The provisions of the California Fire Code shall apply to matters affecting or relating to structures, processes and premises with respect to the following:

1. The hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices.

2. Conditions hazardous to life, property or public welfare in the occupancy of structures or premises.

3. Fire hazards in the structure or on the premises from occupancy or operation.

4. Matters related to the construction, extension, repair, alteration or removal of fire protection systems.

5. Conditions affecting the safety of fire fighters and emergency responders during emergency operations.
101.2.9 California Green Building Standards Code. The provisions of the California Green Building Standards Code shall apply to the planning, design, operation, construction, sustainability, use and occupancy of all newly constructed and altered buildings or structures, unless otherwise indicated in that code. 101.2.10 California Existing Building Code. The provisions of the California Existing Building Code shall apply to the repair, alteration, change of use or occupancy, addition to and relocation of existing buildings.

Exception: Existing detached one- and two-family dwellings and existing townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with either the California Existing Building Code or the California Residential Code.

Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
101.2.10.1 Application of Fire Code To Existing Buildings. Where work regulated by this code is also regulated by the construction requirements for existing buildings in Chapter 11 of the California Fire Code, such work shall comply with applicable requirements in both codes. Where a conflict between the codes exists, the more restrictive requirement shall apply.
101.2.10.2 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall be permitted to comply with the provisions of the laws in existence at the time of its original permit unless such permit has expired. Subsequent permits shall comply with the California Building Code or California Residential Code, as applicable, for new construction. 101.2.10.3 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, unless otherwise limited, restricted, or prohibited in the California Existing Building Code or the California Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. 101.2.10.4 Building evaluation. The building official is authorized to require an existing building to be investigated and evaluated by a registered design professional when the building official determines that such evaluation is necessary to safeguard the public health, safety and welfare insofar as they are affected by a proposed repair, alteration, change of occupancy, change in use, addition, relocation of an existing building, when unpermitted work has occurred, when the building has been damaged or when the building official determines that the building may be unsafe or dangerous. The design professional shall notify the building official if any potential nonconformance with the provisions of the California Existing Building Code is identified or observed. 101.2.10.4 Safeguards During Construction. Construction work on existing buildings, including any related demolition, shall comply with the requirements of Chapter 15 of the California Existing Building Code.
101.3 Purpose. The purpose of these administrative provisions is to protect the health, safety, and welfare of the public as it pertains to building construction and the built environment and provide for the administration and enforcement of the technical codes adopted by the City. The purpose of the technical codes adopted by the City is to establish minimum building standards to safeguard public safety, health and general welfare through sustainability, mitigation of environmental impacts, access to persons with disabilities, affordability, structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations.

Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
SECTION 102

APPLICABILITY
102.1 Conflict between codes. Where there is a conflict between a general requirement and a specific requirement in the technical codes, the specific requirement shall be applicable. Where conflicts occur between the provisions of the technical codes and referenced standards, the provisions of the technical codes shall apply. Where conflicts between technical codes occur, the more restrictive requirement, as determined by the Building Official, shall apply.
102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. Where references in this code are made to Chapter 1, Division II (Scope and Administration) of the California Building Code, California Residential Code, California Plumbing Code, California Mechanical Code, or the California Existing Building Code, the applicable corresponding provisions contained within these administrative provisions shall apply.
102.4 References to prior code. Unless superseded and expressly repealed, references in City forms, documents and regulations to the chapters and sections of this code previously adopted by the city council, shall be construed to apply to the corresponding provisions contained within this code. 102.5 Referenced codes and standards. The technical codes and standards referenced in this code and the other building and construction regulations contained in Title 14 of the Sonoma Municipal Code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and other referenced codes and standards, the more restrictive provision shall apply. Where there is a conflict between a general standard and a specific standard, the specific standard shall be applicable.

All reference to codes published by the National Fire Protection Association, the International Code Council, the International Association of Plumbing and Mechanical Officials and other code publishing organizations listed within the referenced standards, shall be replaced by similar equivalent provisions, if available and published in the California Building Standards Code as adopted and amended by the City of Sonoma.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply.

Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
102.6 Appendices. Provisions in the appendices or annexes of the technical codes shall not apply unless such appendices or annexes or provisions in which they are contained, have been specifically adopted. 102.7 Partial invalidity. In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.8 Existing installations of building service equipment. Unless otherwise specifically required by federal, state or local laws, regulations or ordinances, building, electrical, plumbing, mechanical, sustainability measures, energy systems and conveyance equipment, components and systems lawfully in existence at the time of the adoption of the technical codes may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original approved design and a hazard to life, health, safety, or property has not been created by such building service equipment. 102.9 Existing occupancy. The legal use and occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically required by the California Existing Building Code, the California Historical Building Code, the California Fire Code, State Housing Law, this code or any other federal or state regulation preempting these regulations, as applicable. 102.10 Additions, alterations or repairs. Additions, alterations or repairs to any electrical, mechanical or plumbing equipment, components or systems or to any structure shall conform to the applicable requirements for new construction without requiring the entire existing structure or system to comply with all of the requirements of this code, unless otherwise stated in this code. Additions, alterations or repairs shall not cause an existing structure or electrical, mechanical or plumbing equipment, component or system to become unsafe or adversely affect the condition of the building. Additions, alterations and repairs to structures shall comply with the minimum requirements of this code, as applicable. 102.11 Moved Buildings. Moved buildings shall comply with the California Existing Building Code. 102.12 Maintenance. Buildings and structures, and parts thereof including but not limited to structural and nonstructural components, electrical, plumbing and mechanical equipment, components and systems, shall be maintained in a safe, sanitary and proper operating condition. Devices or safeguards which are required by this code shall be maintained in conformance with the technical code edition under which it was installed. The owner or the owner's designated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this subsection, the building official shall have the authority to require a building or structure to be re-inspected. The requirements of this chapter shall not provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures.

Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
SECTION 103

DEFINITIONS
For the purpose of these administrative provisions, certain terms, phrases, words and their derivatives shall be construed as specified in this section or as otherwise defined in the applicable technical codes. Where terms are not defined, they shall have their ordinarily accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, shall be considered as providing ordinarily accepted meanings.
…ADDITION. See California Building Code Section 202.
…ALTER or ALTERATION. See California Building Code Section 202. …APPROVED. See California Building Code Section 202.
…ATTRACTIVE NUISANCE. See definition for “Nuisance.”
…BUILDING. See California Building Code Section 202.
…BUILDING, EXISTING. See California Building Code Section 202. …BUILDING OFFICIAL. See California Building Code Section 202. …BUILDING SERVICE EQUIPMENT. The plumbing, mechanical, electrical and elevator equipment including piping, wiring, ductwork, fixtures and other accessories, components and devices which provide sanitation, lighting, power, security, heating, ventilation, cooling, refrigeration, cooking, fire-suppression, alarms and transportation facilities essential to the occupancy of the building or structure for its designated use.
…CITY. See Section 1.04.010 of the Sonoma Municipal Code. …DANGEROUS BUILDING. See definition for “Unsafe Structure.” …JURISDICTION. See California Building Code Section 202. …NUISANCE. (See definition in Sonoma Municipal Code Section 14.30.020(A)) …OCCUPANCY is the purpose for which a building, or part thereof, is used or intended to be used. …OWNER is any person, agent, firm or corporation having a legal or equitable interest in the property. …PARTY IN INTEREST means the record owner as the name and address of that person or entity appears on the last equalized assessment roll and if known, the person in real or apparent charge and control of the premises involved, and if known, the holder of any mortgage, trust deed or other lien or encumbrance of Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
record or any other known beneficiary to the building or structure or the land upon which it is located, and if known, residential tenants of a property.
…PERMIT. See California Building Code Section 202.
…PERMIT VALUATION, means the estimated total value of the work for which a permit is being issued, including labor, materials, overhead and profit as determined by the building official. Permit valuation shall include the total value of all work for building service equipment, such as electrical, gas, mechanical, plumbing, and other permanent systems, or portions thereof for which a permit is being issued. Permit valuation shall include the value of all new, replaced or altered casework, appliances, fixtures, equipment and other items and appurtenances attached to or serving a building, structure, or appendage, in kind, based on current estimated replacement costs. Permit valuation shall also include the value of displays, shelving or other elements or fixtures within or immediately adjacent to an accessible route as defined by the California Building Code. Cord and plug connected equipment not otherwise regulated by this code shall be excluded from the calculation of permit valuation.
…PERMITEE is the responsible party designated on a permit. The permittee shall either be the property owner, the property owner’s authorized representative or a contractor licensed to perform or oversee the permitted work.
…PERSON. An individual, heirs, executors, administrators, or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid. …PUBLIC NUISANCE. See definition for “Nuisance.”
…REPAIR. See California Building Code Section 202.
…STRUCTURE. See California Building Code Section 202.
…TECHNICAL CODES are those codes adopted by the city council in Chapter 14.10.015 of the Sonoma Municipal Code containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and building service equipment as herein defined.

THIS CODE refers to the provisions in this chapter, together with the technical codes adopted by the city council as amended herein.
…UNSAFE STRUCTURE. Any building or structure which has any or all of the conditions or defects hereinafter described is an unsafe building provided that such conditions or defects exist to the extent that life, Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
health, property, or safety of the public or its occupants are endangered. For the purposes of this code, the term “dangerous building” is synonymous with the term “unsafe building.” (a) Whenever any door, aisle, passageway, or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. (b) Whenever the walking surface of any aisle, passageway, path of travel, stairway or other means of exit is so warped, worn, loose, torn, obstructed or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.
(c) Whenever the stress in any materials, member, or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed for new buildings of similar structure, purpose, or location.
(d) Whenever any portion of a building or structure has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements for new buildings of similar structure, purpose, or location.
(e) Whenever any portion, member, or appurtenance of a building or structure thereof is likely to fail, to become detached or dislodged, or to collapse and thereby injure persons or damage property. (f) Whenever any portion of a building or structure, or any member, appurtenance, or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted for such buildings. (g) Whenever any portion of a building or structure has cracked, warped, buckled, or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.
(h) Whenever the building or structure, or any portion thereof, because of (1) dilapidation, deterioration, or decay; (2) faulty construction; (3) the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; (4) the deterioration, decay, or inadequacy of its foundation; or (5) any other cause, is likely to partially or completely collapse. (i) Whenever, for any reason, the building, structure, or any portion thereof, including equipment regulated by this code, is manifestly unsafe for the purpose of which it is being used. (j) Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.

Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
(k) Whenever the building or structure, exclusive of the foundation, shows thirty-three percent or more damage or deterioration of its supporting member or members, or fifty percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings. (l) Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood or has become so dilapidated or deteriorated so as to become (1) an attractive nuisance to children or, (2) a public nuisance, or (3) freely accessible to persons for the purpose of committing unlawful acts. (m) Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement of this code as applicable, including construction without a permit, or prohibition pursuant to California Health and Safety Code Section 17920.3 or of any law or ordinance of this state or jurisdiction relating to the condition or location of said structure or building. (n) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member, or portion less than fifty percent, or in any supporting part, member, or portion less than sixty-six percent of the (1) strength, (2) fire-resisting qualities or characteristics, or (3) weather-resisting qualities or characteristics, required by law in the case of a newlyconstructed building of like area, height, and occupancy in the same location. (o) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangements, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer, fire chief or building official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease. (p) Whenever any building, structure or portion thereof, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, inadequate maintenance, damage from an earthquake, flood, fire or other calamity, abandonment, exposure to hazardous materials, lack of sufficient fire-resistive construction, faulty electric wiring, faulty or unsafe gas conditions or heating apparatus, unsanitary conditions or other cause, is determined by the fire chief or building official to be a fire hazard, attractive nuisance, hazard to the life, safety or health of the public or occupants of the building. (q) Whenever any building or structure is in such a condition as to constitute a public nuisance or as otherwise known to common law or equity jurisprudence.
(r) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or portion thereof, or whenever any building or structure so abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
(s) Whenever any building or structure has been abandoned or becomes vacant, is dilapidated and unsecured or open at exterior doors or windows, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers or is otherwise an attractive nuisance or hazard to the public. (t) Whenever any building, structure or portion thereof, whether structurally damaged or not, is dangerous to human life by reason of being located in an area which is unsafe due to hazard from landslide, settlement, or slippage or any other cause.
(u) Whenever any building, structure or portion thereof, because of unfinished, uninspected or uncompleted work required under a building permit and where the permit for the work has expired, or uncompleted work that would have been required under a building permit but where no permit has been issued, is determined by the building official to be a fire hazard, attractive nuisance, hazard to the life, safety or health of the public or occupants of the building.
(v) Whenever any building or structure is declared to be substandard as defined in Section 17920.3 of the California Health & Safety Code.

SECTION 104

BUILDING DEPARTMENT
104.1 Creation of enforcement agency. The building department is hereby created and the official in charge thereof shall be known as the building official.
104.2 Appointment. The building official shall be appointed by the city manager. 104.3 Deputies. The building official, with the approval of the city manager, shall have the authority to appoint deputy building officials, technical officers, inspectors, plans examiners and other employees or official representatives of the building department. Such employees or official representatives shall have powers as delegated by the building official.

SECTION 105

DUTIES AND POWERS OF THE BUILDING OFFICIAL
105.1 General authority. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in conformance with the intent and purpose of this code. Such policies and procedures Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
shall not have the effect of waiving requirements specifically provided for in this code. The building official is hereby authorized to request the assistance and cooperation of other officials of this jurisdiction or other individuals, agencies, departments or organizations so far as required in the discharge of the duties in accordance with this code or other pertinent law or ordinance. 105.1.1 Authorization to investigate. The building official is authorized to investigate the cause, origin, and circumstances of any fire, explosion, or other hazardous condition. 105.1.2 Dangerous equipment. When the use of any electrical, plumbing or mechanical equipment or its installations is found to be dangerous to human life, heath or property, the building official shall have the authority to have the premises disconnected from its source of electric, gas or water supply as applicable. The building official shall provide written notice of such disconnection and the causes therefor shall be given within 24 hours to the owners, the occupant, or both, of such building, structure, or premises. It shall be unlawful for any person to reconnect the equipment to its source of electric supply, or to use or permit to be used electric power in any such electrical equipment until such causes for the disconnection have been remedied to the satisfaction of the building official.
105.1.3 Delegation of authority. The building official shall be permitted to delegate to other qualified individuals such powers as necessary for the proper administration and enforcement of this code. The building official is authorized to deputize qualified individuals for the purposes of posting notices and placards and enforcing this code on behalf of the building official. 105.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
105.3 Notices and orders. The building official shall assure that all necessary notices or orders are issued to ensure compliance with this code.
105.4 Inspections. The building official is authorized to make all required inspections, or the building official shall have the authority to accept reports of inspection by agencies or individuals approved by the building official for the specific purpose. Reports of such inspections shall be in writing and be prepared by a responsible officer of such approved agency or by the responsible individual. The building official may seek and engage expert opinion as deemed necessary to report upon unusual technical issues that arise. 105.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
105.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises potentially unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises are unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. 105.7 Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records of the City for the period required by the City or state for the retention of the specific public record.
105.8 Liability. The building official or his/her designee, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 105.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 105.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used materials, equipment and devices shall not be reused unless approved by the building official.
105.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, provided the building official shall first find that the specific circumstance makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
not lessen health, accessibility, life and fire safety requirements or structural requirements. The details of granting the modification shall be recorded and entered in the files of the building department. 105.10.1 Flood Hazard Areas. The building official shall not grant modifications to any provision required in flood hazard areas as established by Section 1612.3 unless the modifications are made pursuant to the requirements of Sonoma Municipal Code Chapter 14.25 (Floodplain Management Regulations. 105.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has first been approved.

The building official shall have the authority to approve an alternative material, design or method of construction upon application of the owner or the owner's authorized agent. The building official shall first find that the proposed design or method is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Compliance with the specific performance-based provisions of the California Building Standards Code shall be an alternative to the specific requirements of this code. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved.
105.11.1 Research reports. Supporting data may be required by the building official where necessary to assist in the approval of materials or assemblies not specifically provided for in this code. Supporting data may consist of valid research reports, test reports or manufacturer’s data from sources approved by the building official.
105.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records for his type of record.

SECTION 106

PERMITS
106.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy or use of a building or structure, or to erect, install, enlarge, alter, repair, Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
remove, convert or replace any electrical, gas, mechanical or plumbing system or component thereof or any accessible feature, element or component, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 106.1.1 Annual permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefore to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit. 106.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. 106.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1. One-story detached accessory buildings and structures used as tool and storage sheds, playhouses, trellises, arbors, gazebos, pergolas, shade structures for other than motor vehicles, and similar uses, when located on a parcel which contains an existing one- or two-family dwelling, or a Group R or Group U Occupancy building, provided that the building or structure complies with the development regulations of Sonoma Municipal Code Title 19, and the floor area does not exceed 120 square feet, and the total height does not exceed 9 feet, and the structure contains no plumbing, electrical wiring or heating appliances or equipment. The permit exemption provided in this paragraph shall not apply to accessory buildings or structures used as habitable space, workshops, studios, offices, pool houses, guest rooms, mechanical or equipment rooms, or other rooms or spaces commonly occupied or used to shelter installed mechanical equipment.

2. Fences constructed of other than stone, masonry or concrete, not over 7 feet in total height. Fences constructed of stone, masonry or concrete, not over 6 feet in total height.

3. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall and retaining not more than 3 feet of material, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1.

Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance

5. Sidewalks, walkways, nonstructural concrete slabs and driveways not more than 30 inches above adjacent grade and not over any basement or story below and are not part of an accessible route.

6. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work not otherwise altering building service equipment or subject to the accessibility requirements contained in Chapters 11A or 11B of the California Building Code.

7. Temporary motion picture, television and theater stage sets and scenery.

8. Prefabricated swimming pools accessory to a detached one-or two-family dwelling that are less than 18 inches deep, do not exceed 5,000 gallons, and are installed entirely above ground.

9. Shade cloth or similar structures constructed for nursery or agricultural purposes, located within an Agriculture zoning district.

10. Swings and other playground equipment with a projected area less than 120 square feet and are accessory to detached one- and two-family dwellings not subject to the accessibility requirements contained in Chapters 11A or 11B of the California Building Code.

11. Window awnings for Groups R-3 and U occupancies and for detached one-and two-family dwellings supported by an exterior wall which do not project more than 54 inches from the exterior wall and do not require additional support.

12. Recovering of awnings on previously approved existing framework.

13. Decks subject to the requirements of the California Residential Code not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a building and do not serve a required exit door or an accessible route.

14. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height and work not otherwise subject to the accessibility requirements contained in Chapters 11A or 11B of the California Building Code.

15. A tree house that does not exceed 64 square feet in floor area and 8 feet in height measured from the top of the treehouse floor to highest point on the roof and does not exceed a total height of 15 feet measured from grade plane to the top of the treehouse floor or highest point on the roof whichever is higher. For the purposes of this exemption, a tree house is defined as a non-habitable play structure supported in whole or in part by a tree.

16. Flagpoles that are freestanding and not erected upon a building or structure and not more than 15 feet in height above grade plane.

Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance

17. In-kind-repair or replacement of 32 square feet or less of drywall, siding, stucco or roofing within any 12- month period.

Electrical:

1. Listed cord-and-plug connected temporary decorative lighting.

2. Reinstallation of existing attachment plug receptacles, but not the outlets therefore.

3. Replacement of branch circuit overcurrent devices of the required capacity in the same location

4. Electrical wiring, devices, appliances, apparatus, or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

5. Minor repair work, including installation or replacement of equipment such as lamps and electric utilization equipment approved for connection to approved permanently installed receptacles.

6. Electrical equipment used for radio and television transmissions, except equipment and wiring for a power supply and the installations of towers and antennas.

7. Installation of any temporary system required for the testing or servicing of electrical equipment or apparatus or the process of manufacturing, testing, servicing, or repairing electrical equipment or apparatus.

8. Replacement of flush or snap switches, fuses, lamp sockets, receptacles, contactor or control device and other minor maintenance and repair work, such as replacing worn cords and tightening connections on a wiring device.

9. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the Electrical Code.

10. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.

11. Installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution, or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility.

Mechanical:

1. A portable heating appliance, portable ventilating equipment, a portable cooling unit, or a portable evaporative cooler.

Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance

2. A closed system of steam, hot, or chilled water piping within heating or cooling equipment regulated by this code.

3. Replacement of any minor component part or assembly of an appliance that does not alter its original approval of the equipment and complies with other applicable requirements of this code.

4. Self-contained refrigeration systems containing 10 pounds or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less and refrigerating equipment that is part of the equipment for which a permit has been issued pursuant to the requirements of this code.

5. A plug-and-cord connected unit refrigeration system.

6. Portable plug-and-cord connected cooking or clothes-drying appliances.

7. Portable plug-and-cord connected ventilation or cooling equipment.

8. Portable plug-and-cord connected evaporative cooler.

9. Portable fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipes; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

3. Exterior rainwater catchment systems used for outdoor non-spray irrigation with a maximum storage capacity of 5,000 gallons where the tank is supported directly upon grade and the ratio of height to diameter or width does not exceed 2 to 1 and does not require electrical power or a makeup water supply connection.

4. Exterior rainwater catchment systems used for spray irrigation with a maximum storage capacity of 360 gallons.
106.2.1 Emergency repairs. Where equipment replacements and repairs must be performed immediately due to unforeseen circumstances where immediate action must be taken to protect life, health, safety, or property, a permit application shall be submitted for the emergency repair within the next building department working business day to the building official.

Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
106.2.2 Minor Repairs. For uses subject to the California Residential Code or the California Existing Building Code, application or notice to the building official is not required for ordinary or minor maintenance or repairs to structures, including minor damage to nonstructural members, the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal, change or rearrangement of parts of a structure affecting any required means of egress or accessibility requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
106.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution, metering or other related equipment that is under the ownership and control of public service agencies by established right. 106.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the building department for that purpose.

Such application shall:

1. Identify and describe the work to be covered by the permit for which application is made.

2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

3. Indicate the use and occupancy for which the proposed work is intended.

4. Be accompanied by construction documents and other information as required herein.

5. State the estimated value of the proposed work.

6. Be signed by the applicant or the applicant's authorized agent. An electronic or digital signature incorporating any electronic process that indicates acceptance of an agreement or a record may be allowed by the building official.

7. Give such other data and information as required by the building official. 106.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application is incomplete or does not conform to the requirements of pertinent laws, the building official shall reject such application and stipulate the reasons therefor to the applicant. The building official is authorized to reject a permit application when a notice of violation or notice of unsafe structure has been issued for the property for which the permit Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
is being applied, unless the permit application otherwise includes the abatement of the violations or unsafe conditions in the scope of work for the permit. If, in the sole opinion of the building official, the construction documents, including plans, specifications, reports and calculations, lack sufficient information to show compliance with this code, are inaccurate, are not easily readable, are incomplete or do not conform to the requirements of pertinent laws, the building official shall reject such application and state in writing the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.
106.3.1.1 Determination of substantially improved or substantially damaged existing buildings in flood hazard areas. For applications for reconstruction, rehabilitation, addition, alteration, repair or other improvement of existing buildings or structures located in a flood hazard area as established by Sonoma Municipal Code Chapter 14.25, the building official shall examine or cause to be examined the construction documents and shall make a determination with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its pre-damaged condition. If the building official finds that the value of proposed work equals or exceeds 50 percent of the market value of the building or structure before the damage has occurred or the improvement is started, the proposed work is a substantial improvement or restoration of substantial damage and the building official shall require existing portions of the entire building or structure to meet the requirements of Sonoma Municipal Code Chapter 14.25.

For the purpose of this determination, a substantial improvement shall mean any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. Where the building or structure has sustained substantial damage, repairs necessary to restore the building or structure to its predamaged condition shall be considered substantial improvements regardless of the actual repair work performed. The term shall not include either of the following:

1. Improvements to a building or structure that are required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to ensure safe living conditions.

2. Any alteration of a historic building or structure, provided that the alteration will not preclude the continued designation as a historic building or structure. For the purposes of this exclusion, a historic building shall be any of the following:

Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
a. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places.
b. Determined by the Secretary of the US Department of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district.
c. Designated as historic under a state or local historic preservation program that is approved by the Department of Interior.
106.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
106.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any provision of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring subsequent correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of the City. 106.5 Expiration of permit. Every permit issued shall become invalid after 4 years from the date of issuance.

Every permit issued shall become invalid unless the work authorized by such permit is commenced within 12 months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 12 months days after the time the work is commenced. For the purposes of this section, work shall be considered commenced if a regular inspection has been requested by the permittee and a required inspection of work performed has been conducted by a City building inspector within 12 months after the issuance of the building permit. For the purposes of this section, work shall be considered abandoned if no required inspection has been conducted by a City building inspector within 12 months after work has commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The Requests for extension shall be made by the permittee in writing and justifiable cause demonstrated.

Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
106.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. 106.7 Placement of permit. The building permit or copy thereof shall be kept on the site of the work until the completion of the project. The project inspection record card and approved plans for the permit, if any, shall be available for use by the building official during inspections. 106.8 Responsibility of permittee. It shall be the duty of the permittee and every person who performs work on a new or existing building or structure, including installation or repair of a building, or structure, or of accessibility features, electrical, gas, mechanical or plumbing systems of a building or structure for which this code is applicable, to comply with this code. Building permits shall be presumed to incorporate the provision that the permittee and those performing work on behalf of the permittee will carry out the proposed work in accordance with the approved plans, with all requirements of this code and any other laws or regulations applicable thereto, whether specified or not. No approval shall relieve or exonerate any person from the responsibility of complying with the provisions and intent of this code. 106.9 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. The permit applicant shall be responsible for providing reasonable access for conducting the preliminary inspection and for the payment of any fee adopted by the City for said inspection.

SECTION 107

SUBMITTAL OF CONSTRUCTION DOCUMENTS
107.1 Submittal documents. Submittal documents consisting of the permit application, construction documents, statement of special inspections, geotechnical report, required checklists, energy reports, calculations, flood elevation documentation, equipment documentation, certifications and other reports and data as determined necessary by the building official shall be submitted in three printed sets with each permit application or in digital format if authorized by the building official. The building official is authorized to suspend processing of a permit application if the applicant fails to submit complete and correct submittal documents as required by the building official.
107.1.1. Building evaluation. The building official is authorized to require an existing building to be investigated and evaluated by a registered design professional and/or a California Certified Access Specialist (CASp) when determined necessary by the building official due to the nature of the proposed work. The design professional and/or California Certified Access Specialist (CASp) shall notify the building official if any actual or potential nonconformance with the provisions of this code is found.

Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance
107.2 Construction Documents. Construction documents shall be prepared by a registered design professional where required by state law or where due to the complexity or nature of the design or if special circumstances exist, the building official determines at any time that construction documents, or a portion thereof, must be prepared by a registered design professional. The building official is authorized to waive the submission of all or a portion of the construction documents or the information contained therein and any other information if it is determined that the nature of the work proposed does not require construction documents or a portion thereof to determine whether the proposed work is in compliance with this code. 107.2.1 Information on the construction documents. Construction documents shall be submitted with the application for permit and drawn upon suitable material at a size and scale acceptable for readability and document imaging as determined by the building official. Electronic media documents are permitted to be submitted when authorized by the building official. Construction documents shall utilize common architectural drafting, symbols, graphics and techniques and shall be of sufficient detail, clarity and accuracy to correctly indicate the location, nature and extent of the work proposed and to show in detail that it will conform to the applicable provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. One or more copies of the construction documents listed below shall be prepared and submitted for approval when required by the building official:

1. Site Plan

2. Design information and elevation certificates for structures within Flood Hazard Areas.

3. Grading and Drainage Plan

4. Erosion Control and Storm Water Pollution Prevention Plan.

5. Foundation Plan.

6. Floor Framing Plans.

7. Floor Plans.

8. Electrical Plans.

9. Mechanical and Duct Layout Plans

10. Ceiling Framing Plan

11. Roof Plan

12. Truss Layout Plan and Truss Design Documentation

13. Roof Framing Plan

14. Full Building Cross-Sections

15. Foundation Details

16. Framing or Structural Details

17. Architectural Details

18. Exterior Elevations
Agenda Item #6.1:

ATTACHMENT A
Draft Ordinance

19. Interior Elevations

20. Reflected Ceiling Plans

21. Plumbing Plan

22. Restaurant Equipment Plan

23. Landscaping & Irrigation Plan

24. Fire Protection System Plans and Shop Drawings

25. Accessibility Plans and Details

26. Means of Egress Plan

27. Any other plans or documentation needed to show compliance with this code, ordinances or other regulations as determined by the building official.
107.2.2 Building Design Information. When required by the building official, construction documents shall include building design information including, but not limited to, applicable codes used, design occupancy classifications, construction type, building fire resistance rating, number of stories, building height, allowable and proposed building area, inclusion of fire sprinkler system, allowable and proposed occupant load calculations, exiting calculations, calculations to determine required number of restroom fixtures, accessible route of travel, disproportionate cost calculations and path of travel deficiencies for accessibility hardship claims, structural design loads and criteria, structural wind and seismic categories, wind and seismic importance factors, structural calculations, design flood elevations, CALGreen checklists and other pertinent design assumptions or information.
107.2.3 Manufacturer's installation instructions. Where required by the building official, construction documents shall include manufacturer's specification sheets and/or installation instructions. 107.2.4 Exterior Wall Envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive barrier and details around openings. The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope.

The supporting documentation shall fully describe the exterior wall system that was tested, where applicable, as well as the test procedure used.
107.2.5 Exterior balconies and elevated walking surfaces. Where balconies or other elevated walking surfaces have weather-exposed surfaces, and the structural framing is protected by an impervious moisture Agenda Item #6.1: